Naseeba Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51111 of 2017 Arising Out of PS.Case No. -275 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Naseeba Khatoon, wife of Chokat Mian,

2. Maimul Khatoon, wife of Rahamat Ansari, Both are residents of villageGamhariya Jagdishpur, P.S. Jagdishpur, District-West Champaran.

3. Maneer Mian @ Md. Manir, son of Chokat Mian, Resident of villageNautan Sheikh Toli, P.S. Nautan, District-West Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. A.M. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-10-2017 Learned counsel for the petitioners submits that petitioner No.1 Naseeba Khatoon has died on 28.10.2017 as such he does not want to press the application filed on behalf of petitioner No.1 Naseeba Khatoon.

In view of the above, the application filed on behalf of Petitioner No.1 Naseeba Khatoon is dismissed as withdrawn. Heard learned counsel for the petitioner Nos. 2 & 3 and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nautan P.S. Case no. 275 of 2017 registered under Sections 147, 148, 149, 380, 323, 420, 406, 120-B, 467, 468 and 471/34 of the Indian Penal Code.

The accusation is that Naseeba Khatoon under conspiracy

Patna High Court Cr.Misc. No.51111 of 2017 (2) dt.30-10-2017 2/2 executed the sale deed in respect to 4 Katha, 10 Dhurs of land belonging to Bhagelu Mian, father of the informant, in favour of the petitioner No.2 Maimul Khatoon on which Sarfuddin Ansari and Shekh Anish put their signature as witness.

Learned counsel appearing on behalf of petitioner Nos. 2 and 3 submits that Naseeba Khatoon is the sister of Bhagelu Mian, father of the informant and she executed the sale in favour of the petitioner No.2 Maimul Khatoon, but with ulterior motive the present case has been lodged.

Having regard to the facts and circumstances of the case, let the above named petitioners i.e. Petitioner No.2 Maimul Khatoon and petitioner No.3 Maneer Mian @ Md. Manir be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 275 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T