Jamal Ahmad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54369 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Jamal Ahmad, son of Late Md. Wasim.

2. Praveen Fatma, D/o Late Md. Wasim. Both are residents of village - Katni Kol, P.S. - Sheikhpura, District - Sheikhpura.

3. Baby Devi, wife of Rajendra Mistri, resident of mohalla - Girhinda, P.S. - Sheikhpura, District - Sheikhpura.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Ayub Mohamad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Arun Kumar, Advocate. For the State : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsels for the petitioners, complainant and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 42C/2016 for the offences instituted under Sections 420, 467, 468, 471/34 and 120(B) of the IPC.

The prosecution story, in brief, is that the complainant used to manage 09 decimals of land of his younger brother. On 08.01.2016, he got information that 07 decimals out of 09 decimals of land, have been sold by petitioner nos. 1 and 2 in favour of petitioner no. 3 and other accused persons are witnesses and identifiers. On query, accused persons said that since the complainant had not given them land, and as such, land has been

Patna High Court Cr.Misc. No.54369 of 2016 (2) dt.22-12-2016 2/2 managed to sell out.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. Both the parties are agnates. There is land dispute and regarding the same, a title suit is also pending in the court below. The matter relates to civil dispute. The other co-accused have been granted anticipatory bail by another co-ordinate Benches of this Court vide Cr. Misc. Nos. 47068/2016 and 53800/2016. On behalf of the learned counsels for the State and the complainant, 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 Complaint Case No. 42C/2016 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 A.C.J.M., 1st, Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T