Bibi Imrana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30569 of 2014 Arising Out of PS.Case No. -224 Year- 2000 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bibi Imrana Khatoon Wife of Skh. Manan, Resident of Village - God Bahuari, P.S.- Palanwa, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 420 of the Indian Penal Code. Notices were issued to the complainant O.P. No. 2 vide order dated 21.1.2015. The office notes dated 21.7.2015 reflects that the O.P. No. 2 received notice but refused to acknowledge the receipt. Hence vide order dated 22.7.2015 the notice issued to O.P. No. 2 was directed to be deemed validly served.

Patna High Court Cr.Misc. No.30569 of 2014 (5) dt.29-07-2015 2/3 Even today, none is appearing on behalf of the O.P. No. 2, however, learned counsel for the petitioner is present.

The prosecution case is that one Ali Akbar Khan proposed to execute sale deed with regard to 10 dhoors of land after taking consideration amount from the complainant but executed the sale deed in favour of the brother of the complainant when the complainant went to erect hutment over the land in question, then it was opposed by co accused Taiyab and the husband of the petitioner. Thereafter, the informant came to know that the vendor of the complainant executed sale deed on 1.12.1999 with regard to 1 katha 5 dhoors of land in favour of Sk. Taiyab, Sk. Najam and the petitioner.

Considering the thrust of accusation against co accused Ali Akbar Khan and the petitioner being purchaser, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Motihari, East champaran in

Patna High Court Cr.Misc. No.30569 of 2014 (5) dt.29-07-2015 3/3 connection with Complaint Case No. C-224 of 2000 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T