Bibi Sagarun Nesha @ Sabrun Nesha And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41353 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Bibi Sagarun Nesha @ Sabrun Nesha Wife of Habibul Rahman @ Habiburrahman
2. Mustafa Mian Son of Late Masarali Mian Both are resident of Parautola, P.S. Lauriya, District - West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-11-2016 Heard both sides.
The petitioners apprehend their arrest in Lauriya P.S. case No. 72 of 2016 under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. The informant alleged that there was a partition among his brothers and land of Khata No. 30, Khesra No. 29, area 4 katha 3 dhurs situated in Parau Tola fell in his share but his own brother Krishna Mohan Pandey sold 2 katha of land to Usman Mian and Bibi Sagrun Nesha, petitioner No.1. When the informant went to cultivate the land the accused persons threatened him to kill. Petitioner No.2 is alleged to have threatened the informant
Patna High Court Cr.Misc. No.41353 of 2016 (2) dt.11-11-2016 2/2 along with other accused persons, while he was cultivating the land.
On the fact of it, it appears that there is land dispute between the parties. The informant did not receive any injury. Petitioner No.1 is bonafide purchaser of the land. Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, West Champaran at Bettiah in Lauriya P.S. Case No. 72 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T