Patna High CourtCR. MISC./56340/2023bail granted

Sahidan Bibi v. The State Of Bihar

2024-02-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56340 of 2023 Arising Out of PS. Case No.-43 Year-2016 Thana- EKMA District- Saran ====================================================== Sahidan Bibi, W/O - Late Abdul Aziz Ansari @ Aziz Ansari R/O Village - Debitola, P.O. And P.S. - Ekma ... ... Petitioner/s

Versus

The State Of Bihar 2.

Md. Tawzihuddin Ansari, Son Of Late Sah Md. R/O- Shibpur 1st Lane PoBausberia Ps- Mogra Dist- Hoogly West Bengal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 468, 418, 426, 167 and 34 of the Indian Penal Code.

3. From the office report dated 19.02.2024, it manifests that the opposite party no.2 died during pendency of the anticipatory bail application.

4. In the nature of allegation as alleged in the F.I.R., the Court is inclined to entertain the anticipatory bail application.

Patna High Court CR. MISC. No.56340 of 2023(3) dt.21-02-2024 2/3

5. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a lady and is a purchaser of piece of land as detailed in the F.I.R. from Md. Mukhtar Ahmad and Md. Naushad Ali. It is further submitted that the informant is related to Md. Mukhtar Ahmad and Md. Naushad Ali and the allegation in sum and substance is that Md. Mukhtar Ahmad and Md. Naushad Ali sold the joint family property.

6. The learned counsel for the petitioner next submits that since the land belonged to the family and Md. Mukhtar Ahmad and Md. Naushad Ali had approached the petitioner for purchasing the land, as such, the petitioner after verifying the documents, purchased the land. It is next submitted that petitioner did not commit any forgery or fraudulent transaction by purchasing the land for consideration.

7. Learned A.P.P. opposes the bail application.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.56340 of 2023(3) dt.21-02-2024 3/3 satisfaction of the learned A.C.J.M., 1st/ Incharge Successor Court, Chapra at Saran in connection with Ekma P. S. Case No.43 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T