Md. Iliyas And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.45644 of 2015 (3) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45644 of 2015 Arising Out of PS.Case No. -798 Year- 2014 Thana -KATIHAR District- KATIHAR ======================================================

1. Md. Iliyas Son of Md. Abu Bakr,

2. Bibi Farida Wife of Md. Iliyas, Resident of Village - Bhermara Tola Balua, Police Station - Mansahi, District - Katihar. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Najmul Hoda For the Opposite Party : Mr. Md.Ansarul Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Katihar Town (Sahayak) P.S. Case No. 798 of 2014 for the offences instituted under Sections 420, 468 and 120(B) of the Indian Penal Code.

As per complaint petition that the complainant has purchased land in question described in the complaint petition on 01.06.2010 but petitioner Md. Iliyas hatching up conspiracy transferred the purchased land of the informant in favour of petitioner Bibi Farida who happens to be the wife of petitioner Md. Iliyas on 25.10.2013 and when came to know then called a Panchayati but refused.

Patna High Court Cr.Misc. No.45644 of 2015 (3) dt.01-02-2016 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have been made accused due to mistake of fact. The matter relates to land dispute and the same is of civil nature.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Katihar Town (Sahayak) P.S. Case No. 798 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T