Abdul Nasir And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21462 of 2016 Arising Out of PS.Case No. -1773 Year- 2006 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Abdul Nasir son of Late Lal Mohammad

2. Abdul Basir Son of Late Lal Mohammad Both Residents of Village - Maira, Police Station - Mansahi, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Most. Razia Begum, Wife of Late Mansoor Alam Resident of Village - Makhdumpur, Police Station - Muffasil, District - Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. A.Ali Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02.08.2017 Heard learned counsels for the petitioners and the State.

The petitioners have renewed the prayer for anticipatory bail in a complaint case, wherein, process has been directed to be issued after cognizance being taken for the offences punishable under Sections 467, 468 and 120B of the Indian Penal Code.

The prosecution case is that co-accused, Manzoor Alam, being the brother of the husband of the complainant executed sale deed with regard to share of land of the complainant in favour of one Md. Mukhtar and the petitioners.

Patna High Court Cr.Misc. No.21462 of 2016 (3) dt.02-08-2017 2/2 It is submitted by learned counsel for the petitioners that the issue has been reconciled between the parties. Earlier, anticipatory bail application of the petitioners was disposed of vide order dated 27.07.2012, passed in Cr. Misc. No. 24914 of 2012. It appears that the order of cognizance was passed more than five years ago and the earlier anticipatory bail application of the petitioners was disposed of on 27.07.2012, whereas, the present application was registered on 13.05.2016, hence, this Court is not inclined to entertain the present anticipatory bail petition, but keeping in view, the nature of accusation and the fact that the petitioners have claimed that the issue has been reconciled, it is a case for consideration for grant of regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today, in connection with C.A. Case No. 1773 of 2006, pending in the court of learned Judicial Magistrate, Ist Class, Katihar.

Accordingly, this application is disposed of with the above observation and direction.

(Dinesh Kumar Singh, J) DKS/- U T