Sk. Wasi Ahmad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43900 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sk. Wasi Ahmad son of Late SK Gaphar

2. Smt. Malti Devi @ Lalti Devi wife of Siyanand Pandit .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 323,379, 307, 420, 462, 463, 464, 465, 467, 468, 471, 504, 34 of the Indian Penal Code, 27 of the Arms Act and 82 of the Registration Act.

The prosecution case is that the land of Khata No.294, Plot No.4900 admeasuring area two katha was settled by Darbhanga Maharaj in favour of the informant but petitioner no.1 executed the sale deed in favour of petitioner no.2 and robbed the wheat crops.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.43900 of 2015 (2) dt.29-10-2015 2/2 that the land in question is the ancestral land of petitioner no.1 and he sold his own share of property to petitioner no.2. Petitioner no.1 is agnate of the informant and in the background of share dispute the accusation has been levelled. Moreover, till date the sale deed has not been challenged.

Considering the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran in connection with Chauradano P.S. Case No.103 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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