Bibi Marjina Khatoon @ Marani And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57612 of 2017 Arising Out of PS.Case No. -791 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================
1. Bibi Marjina Khatoon @ Marani, wife of Mahfuj Alam.
2. Md. Sabir Pamariya, son of Late Suleman.
3. Mahfuj Alam, son of Late Suleman.
All residents of Village- Deep, P.S.- Madhepur, District- Madhubani.
4. Md. Islam Pamariya, son of Late Gafur Pamariya. Resident of Village- Godhanpur, P.S.- Jhanjharpur, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Islam Pamariya, son of Late Rasul Pamariya, resident of VillageMahinam, P.S.- Bahera, District- Darbhanga, presently resident of Village- Deep, P.S.- Madhepur, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------- 15-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with C.R. Case No.791 of 2013 registered under Sections 465, 420, 120(B), 323, 352, 379 and 504/34 of the Indian Penal Code. The accusation is that the complainant/opposite party no.2 purchased 10 dhur land of Khesra No.2913 in village-Deep Raghonagar from Rasul Pamaria and Thithar Pamaria on 28.10.1993. Later on, the father of the complainant/opposite party
Patna High Court Cr.Misc. No.57612 of 2017 (2) dt.15-12-2017 2/3 no.2 was taken by the accused-petitioners on 28.06.2003 with silver-gold ornaments worth Rs.30,000/-, cash Rs.26,000/-, original sale deed of the land and other documents on a cart. On 28.07.2003, when the complainant/opposite party no.2 started to make construction of the house then the accused-petitioners started to abuse. Thereafter, the complainant/opposite party no.2 went to the Bahera Registry Office where he came to know that the accused-petitioners got managed to execute the sale deed of the land by his father showing him minor. Thereafter, on filing the case, the matter was compromised but, later on, the accusedpetitioners got thumb impression of the complainant/opposite party no.2 on two blank papers on the point of knife.
Learned counsel for the petitioners submits that, in fact, there is land dispute in between the petitioners and the complainant/opposite party no.2, due to that reason, the present complaint case has been filed by the complainant/opposite party no.2 with false allegation against the petitioners. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.57612 of 2017 (2) dt.15-12-2017 3/3 satisfaction of the Additional Chief Judicial Magistrate-III, Jhanjharpur, District-Madhubani, in connection with C.R. Case No.791 of 2013, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T