Akbar Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57320 of 2015 Arising Out of PS.Case No. -332 Year- 2013 Thana -SIWAN CITY District- SIWAN ======================================================

1. Akbar Ansari

2. Paigambar Ansari, Both sons of Suleman Ansari

3. Manager Sah @Manager, Son of Ishwari Sah

4. Dhuman Yadav, Son of Nageshwar Yadav All are resident of Village- Parsia Bujurg, P.S.- Mairwa, District Siwan .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. Petitioner Nos. 1 and 2, being the vendees of the land purported to have been sold by the informant, and Petitioner Nos.3 and 4, being the identifiers of the aforesaid sale deed, are apprehending their arrest in connection with Siwan (Town) P.S. Case No.332 of 2013 for allegedly having committed the offence under Section 420, 421, 465, 467, 468, 471 and 120B of the Indian Penal Code. Learned counsel for the petitioners submits that though a bona fide transaction took place between the parties, the informant started having second thought, filed a

Patna High Court Cr.Misc. No.57320 of 2015 (3) dt.16-02-2016 2/3 title suit, bearing Title Suit No.499 of 2013, for annulment of the sale deed entered into between himself and the present petitioners. It is further submitted that the sale deed executed by the informant was under some undue influence and thus the same shall not be binding on him. In the said title suit, the informant has prayed for a direction that he be not dispossessed from the property in question. Learned counsel for the petitioners submits that the aforementioned title suit is still pending and the dispute is of civil nature and that the fraud having been perpetuated and whatever may be the consequence of the sale deed, it could be settled in the aforementioned title suit.

In view of the aforementioned facts and circumstances and the nature of allegations made in the F.I.R., let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Siwan, in connection with Siwan (Town) P.S. Case No.332 of 2013, subject to the conditions

Patna High Court Cr.Misc. No.57320 of 2015 (3) dt.16-02-2016 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T