Patna High CourtCR. MISC./48125/2024bail granted

Nusrat Khatoon v. The State Of Bihar

2024-09-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48125 of 2024 Arising Out of PS. Case No.-574 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.

Nusrat Khatoon Wife of Md. Arman Resident of Vill- Bihta, P.S.- Mahkar, District- Gaya 2.

Md. Arman Son of Md. Sahbud Resident of Vill- Bihta, P.S.- Mahkar, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, A.P.P.

For the Informant :

Mr. Kumar Prabhakar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners, informant and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 406, 420, 384/34 of the Indian Penal Code.

3. Allegation against these petitioners is that they refused to execute sale deed in favour of informant despite taking consideration money.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Two other cases bearing Belaganj P. S. Case No. 653 of 2023 and Belaganj P. S. Case No. 347 of 2023 have also been lodged by informant

Patna High Court CR. MISC. No.48125 of 2024(3) dt.23-09-2024 2/2 against petitioner No. 2 having similar allegations. Moreover, dispute involved in this case is regarding sale and purchase of land which is purely civil in nature and in order to settle the civil dispute, this false case has been lodged against petitioners.

5. Learned counsel for the informant vehemently opposed the bail application.

6. Considering the nature of accusation and dispute, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Chief Judicial Magistrate, Patna in connection with Belaganj P. S. Case No. 574 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T