Bibi Shahana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57245 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- ARARIA District- Araria ====================================================== 1.

BIBI SHAHANA KHATOON W/O MD. GULAM, RASUL @ SHEIKH RASUL R/O VILLAGE- DIMAHIYA, WARD NO. 03, PS. JALALGARH, DIST. PURNEA 2.

MD. GULAM RASUL @ SAK RASUL S/O LATE SHEIKH DONAI R/O VILLAGE- DIMAHIYA, WARD NO. 03, PS. JALALGARH, DIST. PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 467, 468, 420, 504, 506/34 of the Indian Penal Code.

3. It is alleged that the vendor and vendee in connivance with one Abdul Mannan committed forgery by purchasing the land which was registered in the name of the informant and his mother.

4. It is submitted that petitioners are vendees and they purchased the land in question by a registered sale deed and are in physical possession of the said land from the date of

Patna High Court CR. MISC. No.57245 of 2023(2) dt.31-08-2023 2/2 purchase. It is next submitted that a Title Suit No. 292 of 2023 is also pending against the informant for the alleged land in the court of learned Munsif, Araria. The present case is an attempt to cloak a civil dispute with criminal offence.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria P. S. Case No. 275 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T