Kalimullah @ Mohammad Kalimullah @ Md. Karmullah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14505 of 2016 Arising Out of PS.Case No. -8 Year- 2015 Thana -SIWAN CITY District- SIWAN ======================================================
1. Kalimullah @ Mohammad Kalimullah @ Md. Karmullah son of Late Md. Samim
2. Raj Mohammad @ Raj Mahamad son of Khairun Nishra, Both Resident of village- Naya Quila Nawalpur, Badi Takiya, P.S.- Siwan Town, District- Siwan
3. Sheikh Mohammad Ibrahim @ Md. Ibrahim son of Md. Basir, Resident of village- Naya Quila Nawalpur, Badi Takiya (The frient school Nawalpur Badi Takiya), P.S.- Siwan Town, District- Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. R.S.Chaudhary (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-04-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Siwan Town P.S. Case No. 08/15 for offences alleged under Sections 419, 420, 467, 468, 471, 406, 120-B of the Indian Penal Code, which was initially instituted by way of Complaint Case No. 3309/2014 by one Syed Shamsul Haque. The prosecution case, as lodged by the complainant, is that the petitioners joined an imposter in executing the forged deed, who by showing himself to be the adopted son of Abdul Shakoor and Devi Turha executed the
Patna High Court Cr.Misc. No.14505 of 2016 (2) dt.27-04-2016 2/3 said forged deed.
It has been submitted by the learned counsel for the petitioners that they have no criminal antecedent and have falsely been implicated in the aforesaid case and that the allegation upon them are general and omnibus. It has further been submitted that the matter relates to property dispute and the allegation is of the years 1987 and 1996. He further submits that even in the complaint case, no cogent reason has been stated as to how and why the delay occurred. Counsel for the petitioners further submits that except this there is no allegation against these petitioners but they have only been named as co-accused in the said complaint case having joined one Rafique Mian in preparing a forged registered deed. Learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with
Patna High Court Cr.Misc. No.14505 of 2016 (2) dt.27-04-2016 3/3 Siwan Town P.S. Case No. 08/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J) Rajesh/- U T