Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31915 of 2019 Arising Out of PS. Case No.-389 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

MD. SHAKIL Son of Late Abdul Wahid Resident of Village - Kharra, P.S.- Madhubani Town, Distt - Madhubani.

2.

Md. Wakil Son of Late Abdul Wahid Resident of Village - Kharra, P.S.- Madhubani Town, Distt - Madhubani.

3.

Md. Aslam Son of Late Abdul Wahid Resident of Village - Kharra, P.S.- Madhubani Town, Distt - Madhubani.

4.

Md. Ashraf Son of Late Abdul Wahid Resident of Village - Kharra, P.S.- Madhubani Town, Distt - Madhubani.

5.

Hasina Khatoon Wife of Late Abdul Wahid Resident of Village - Kharra, P.S.- Madhubani Town, Distt - Madhubani.

6.

Arhula Devi Wife of Lal Babu Sharma Resident of Village - Bisfi Hati Tole Goberahi, P.S.- Bisfi, Distt - Madhubani.

7.

Lal Babu Sharma Son of Late Balram Sharma Resident of Village - Bisfi Hati Tole Goberahi, P.S.- Bisfi, Distt - Madhubani. ... ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

Most. Raisa Khatoon Wife of Late Md. Anwarul Haque Resident of Village - Mauze Dinghaso, Tole, Chhachhua, P.S.- Bisfi, Distt - Madhubani. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Thakur Mr. Ritwaj Raman For the Opposite Party :

Mr. r.B. roy 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 389 of 2017 for the offence punishable under Sections 323, 504, 420, 467, 468 and 471 of the Indian Penal Code.

It is evident from the First Information Report that

Patna High Court CR. MISC. No.31915 of 2019(2) dt.14-05-2019 2/2 there is a civil dispute between the parties. It is alleged that the accused persons have sold some land to a third party, which had fallen in the share of the complainant.

Considering the nature of dispute, I am inclined to allow the privilege of anticipatory bail to the petitioners. This application is accordingly allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipatti, Madhubani, in Complaint Case No. 389 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T