Anwar Jahan v. The State Of Bihar

Patna High Court Cr.Misc. No.11421 of 2015 (2) dt.24-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11421 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Anwar Jahan wife of Fahim Amhad Khan resident of village- Gonapur, P.S.- Fulwarisarif, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-03-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State as also heard learned counsel, appearing for the informant. The petitioner apprehends his arrest in connection with Saharsa P.S. Case No. 56 of 2014 registered under Sections420, 467, 468 & 471/34 of the Indian Penal Code. The accusation against the petitioner is that she sold the lands of informant but submission on behalf of the petitioner is that the petitioner is legal heir of Late Asdullah Khan who was cosharer of the informant. To fortify the above-said contention, he drew my attention towards official gazette which has been annexed as Annexure-2 to this petition.

On the other hand, learned counsel appearing for the

Patna High Court Cr.Misc. No.11421 of 2015 (2) dt.24-03-2015 informant submits that the petitioner does not have any concern with the family of late Asdullah Khan and her claim for mutation has already been rejected. It is also pointed out by him that prayer for regular bail of husband of the petitioner has already been rejected by a coordinate bench of this court. Considering the aforesaid submissions as well as facts and circumstances of the case, particularly, taking note of Annexure-2 as well as this aspect of the matter that the petitioner is a lady, let the petitioner named above, in the event of her arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Saharsa P.S. Case No. 56 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Saharsa subject to the conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T