Md. Chand Alam And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.26763 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26763 of 2017 Arising Out of PS.Case No. -853 Year- 2015 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Md. Chand Alam Son of Late Ata Ullah, resident of Village- Marar, Police Station Morkahi, District Khagaria.

2. Md. Bailal @ Md. Belal Son of Master Nayeem Uddin, resident of Village- Sahebpur Kamal, Police Station Sahebpur Kamal, District Begusarai, at present resident of Village Marar South, Police Station Morkahi, District Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Amjad Ali Son of Md. Maulana Saleh, resident of Village- Sabalpur, Police Station Morkahi, District Khagaria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2017 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 853C of 2015 registered for the offences punishable under Sections 467, 468 and 120B of the Indian Penal Code. The complainant alleged that on the request of Md. Bailal @ Md. Belal, petitioner no. 2, the complainant gave the land to Bibi Razia Bano and her husband Md. Israel @ Chamru for cultivation on oral agreement on Manthika of 15 mound of wheat per year but, the accused persons stopped payment of wheat. Later on, the accused persons forged a deed of agreement

Patna High Court Cr.Misc. No.26763 of 2017 (2) dt.20-07-2017 to sale and filed Title Suit No. 85 of 2015.

Learned counsel for the petitioners submits that there is no allegation in the entire complaint petition against petitioner no. 1. The complainant has not made any allegation against petitioner no. 2. Co-accused Md. Israil @ Chamru has already been granted anticipatory bail vide order dated 13.07.2017 passed in Cr. Misc. No. 29997 of 2017.

Considering the facts aforesaid and nature of allegation, 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 are directed to 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 learned Sub-Divisional Judicial Magistrate, Khagaria in Complaint Case No. 853C of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T