Md. Sahabuddin And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52232 of 2016 Arising Out of PS.Case No. -3450 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================
1. Md. Sahabuddin S/o late Md. Gaffar
2. Kalim Ahmad@Md. Kalim Ahmad S/o late Md. Islam Both are Resident of Village- Patarghat, P.S. Sourbazar, District- Saharsa. .... .... Petitioners
Versus
1. The State of Bihar
2. Md. Nayeemuddin S/o late Shekh Alluddin a resident of VillagePaterghat, P.S. Sourbazar, District- Saharsa. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with Complaint Case No. 3450 of 2015 for the offences instituted under Sections 420, 467 and 468/34 of the Indian Penal Code.
The prosecution case, in brief, is that the petitioners by making conspiracy with accused Rajiv Nandan Ray created a forged and fabricated kewala and sold the land in favour of the petitioner Md. Sahabuddin. It is further alleged that on 25.07.2015 when the complainant was sitting at his Darwaja, the accused persons came there and told him either to vacate the land
Patna High Court Cr.Misc. No.52232 of 2016 (2) dt.07-12-2016 2/2 or to pay Rs. 50,000/- rangdari and on the order of the petitioner Sahabuddin, other accused persons assaulted him with fists and slaps and snatched Rs. 1100/- from his pocket. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner no.1 is purchaser of the land and the petitioner no.2 is a witness to the sale deed. The matter relates to civil dispute. On behalf of the State, it has been submitted that the petitioners are named in the Complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 3450 of 2015 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J.) Amit/- U T