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Patna High CourtCR. MISC./45524/2022bail granted

Mariyam Nisha @ Mariyam Khatoon v. The State Of Bihar

2023-01-02Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45524 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== MARIYAM NISHA @ MARIYAM KHATOON Wife of Manowar Qureshi D/o Late Md. Sakrulla Qureshi, R/o village - Majar Road, P.S. - Azamnagar (Salmari O.P.), Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Qumrul Hoda, Advocate For the Informant :

Mr.Firoz Ahmad, Advocate For the State :

Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner apprehends his arrest in connection with Azamnagar (Salmari O.P.) P.S. Case No. 100 of 2022 for the offence registered under Section 341, 323, 420 and 506 of the Indian Penal Code.

As per the prosecution story, the informant alleged that after an agreement to sale, on acceptance of Rs. 21,50,000/-, the lady-petitioner executed the sale deed in favour of another person. Accordingly, the informant felt cheated resulting into the present case.

Learned counsel for the petitioner submits that both the petitioner and the informant are own brother and sister and

Patna High Court CR. MISC. No.45524 of 2022(2) dt.02-01-2023 2/2 now the family has come to an amicable settlement and in support of the said settlement, supplementary affidavits have been filed showing agreement between the parties as reflects from Annexures- 5 to 7 of the said affidavits. Learned counsel for the informant supports the submissions put forward by the petitioner's counsel. In the aforesaid circumstances the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar, District-Katihar in connection with Azamnagar (Salmari O.P.) P.S. Case No. 100 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/Neha/- U T