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Patna High CourtCR. MISC./36342/2023bail granted

Bibi Samina Khatun @ Samina Khatun v. The State Of Bihar

2024-01-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36342 of 2023 Arising Out of PS. Case No.-307 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Bibi Samina Khatun @ Samina Khatun Wife Of Md. Emdad Resident Of Village- Dhrubganj, Ps- Kharik, Distt- Bhagalpur 2.

Md. Ajajul Ansari @ Ajajul Yasin Ansari Son Of Late Yasin Ansari Resident Of Village- Dhrubganj, Ps- Kharik, Distt- Bhagalpur 3.

Bibi Sakina Khatun @ Bibi Sakina Khatun Khatun @ Sakina Khatun Wife Of Md. Tarik Ansari Resident Of Village- Dhrubganj, Ps- Kharik, DisttBhagalpur 4.

Murtaja Ansari Son Of Late Taiyab Ansari Resident Of Village- Dhrubganj, Ps- Kharik, Distt- Bhagalpur 5.

Md. Nasin Ansari @ Nasin Ansari @ Nasim Ansari Son Of Late Yasin Ansari Resident Of Village- Dhrubganj, Ps- Kharik, Distt- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Tawir Ansari Son Of Late Abdul Rahman Ansari Resident Of VillageDhrubganj, Ps- Kharik, Distt- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in connection with Complaint Case No. 307 of 2021 dated

Patna High Court CR. MISC. No.36342 of 2023(8) dt.09-01-2024 2/3 08.09.2021 registered for the offences punishable u/ss 120B, 467, 468, 471 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners in connivance with the other co-accused persons are alleged to have sold the land of the complainant's father-in-law by creating forged documents.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioner no. 1 is the daughter-in-law of the complainant's father and she purchased the land from rightful owner and after purchasing the land she got the land mutated in her name and there was no objection to any parties. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Naugachia in

Patna High Court CR. MISC. No.36342 of 2023(8) dt.09-01-2024 3/3 connection with Complaint Case No. 307 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T