Md. Nezamuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41116 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Nezamuddin Son of Md. Belal Resident of Abir Mishra Lane Islampur Champanagar, P.S. - Nath Nagar, Distt. - Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dos Mohamad @ Md. Firdos Son of Late Md. Belal Resident of Abir Mishra Lane Islampur Champanagar, P.S. - Nath Nagar, Distt. - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 426, 427, 467, 468, 471/34 of the Indian Penal Code.
3. As per the prosecution case, petitioner is alleged to have created forged and fabricated partition deed by putting forged thumb impression of the complainant on partition deed and taken the share as per his choice.
4. It is submitted that from bare perusal of complaint petition, it appears that it is a dispute of civil nature and as such, no criminal offence is made out. If there is any grievance to the complainant, the complainant has got other remedies. Petitioner
Patna High Court CR. MISC. No.41116 of 2023(3) dt.29-08-2023 2/2 claims clean antecedent.
5. Counsel for Complainant however vehemently opposed the prayer for bail.
6. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Chief Judicial Magistrate XIII, Bhagalpur in connection with Complaint Case No. 37 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T