Mir Isfaqua Husain @ Mir Isafak Hussain And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.49434 of 2016 (3) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49434 of 2016 Arising Out of PS.Case No. -679 Year- 2013 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Mir Isfaqua Husain @ Mir Isafak Hussain S/O Mir Akhamal

2. Meer Nirjamuddin @ Meer Najimudin S/o Meer Kiphayat

3. Meer Irfan S/O Meer Rahman. All resident of Village- Babhangama P.S. Kudra, p.O Nasaj, District Kaimur, Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mir Israh S/O Late Mir Akhmal Hussain Resident of VillageBabhangama P.S. Kudra, District Kaimur, Bhabua. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh, Advocate. For the Opposite Party/s : Mr. Sri Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for the offences punishable under Sections 420 of the Indian Penal Code.

The allegation is that the petitioners have purchased land by cheating the informant.

It has been submitted on behalf of the petitioners that allegation against the petitioners are omnibus and petitioner no. 1 is a bona fide purchaser of the disputed land. It has further been submitted that for the same, a title suit is also pending.

Patna High Court Cr.Misc. No.49434 of 2016 (3) dt.20-12-2016 Having heard both sides and in view of the fact the dispute is of civil nature, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection Complaint Case No. 679 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Prakash/- U T