Bibi Fatma @ Bibi Fatma Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39095 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- SIKTI District- Araria ====================================================== 1.
BIBI FATMA @ BIBI FATMA KHATOON WIFE OF GULAFAL @ MD. GULAFAL RESIDENT OF VILLAGE - KHARIBASTI, P.S. - TERAGACHH, DISTRICT - KISHANGANJ 2.
HASMOUDDIN SON OF LATE SAHAR ALI RESIDENT OF VILLAGE - MILKBASTI, WARD NO. 07, P.S. - SIKTY, DISTRICT - ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kishore Bharti For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in a case registered for the offence under Section 420 of the Indian Penal Code.
3. It is alleged that despite receiving consideration money in advance, pursuant to an agreement, the petitioners refused to execute the sale-deed in favour of the informant.
4. Learned counsel for the petitioners submits that dispute involved in the present petition is purely of civil nature and none of the acts allegedly committed by the petitioner give rise to any criminal liability. It is out-and-out a civil dispute, for which, informant has got some other remedy. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.39095 of 2024(2) dt.11-07-2024 2/2
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Sikty P.S. Case No.73 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T