Kabli Begum And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.24523 of 2017 (3) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24523 of 2017 Arising Out of PS.Case No. -527 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Kabli Begum, Wife of Md. Hafiz,

2. Kamrun Nisha, Daughter of Sultan, Both Resident of Village- Fullbasti, P.S. Kishanganj, District- Kishanganj.

3. Samela Khatun @ Ramela Khatun, Wife of Md. Idris, Resident of Village- Juljuli, P.S. Kishanganj, District Kishanganj.

4. Jamila @ Jamil Khatun, Wife of Hasibuddin, Resident of Village- Gidha Basti, Mahingaon, P.S. Kishanganj, District Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rahima Khatoon, W/O Sahabuddin.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kishanganj P.S. Case No. 527 of 2016, registered under Sections 420, 467, 468 and 406/34 of the Indian Penal Code. The accusation is that the informant, Rahima Khatoon, purchased the land measuring area 1 acre 33 decimals of Plot No. 46 of Khesara Nos. 531, 532 and 528 of village Basantpur Marwatoli on 30.08.2016 to the petitioners, their brother Kurban Ali and sister Mursada. Later on, the informant came to know that their mother, Tanuj Nisha, had already sold the land to her brother

Patna High Court Cr.Misc. No.24523 of 2017 (3) dt.25-08-2017 Sk. Abdul Jalil in the year 1965 while the name of Tanjum Nisha, 'Fua' of the petitioners, is detailed in the register -II. Learned counsel for the petitioners submits that, in fact, the name of their 'Fua' is recorded in the registered-II and petitioners had no knowledge about selling the aforesaid land by their mother. Moreover, the petitioners are ready to deposit the consideration amount of Rs.2,50,000/-, which was received by them.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 527 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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