Bibi Asma Khatoon @Asma Khatoon Andors v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9217 of 2017 Arising Out of PS.Case No. -547 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. BIBI ASMA KHATOON @ ASMA KHATOON, wife of Md. Mohsin,

2. Md. Mohsin, son of Md. Yasin, Both resident of Mohalla- Ratnopatti, Shubhankarpur, Police Station- Darbhanga Town, District- Darbhanga.

3. Md. Hussain, son of Md. Samid @ Sappo, resident of MohallaRahamganj, Ward No.34, Police Station- Laheriya Sarai, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Zainul Abedin For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehends their arrest in Laheriya Sarai P.S. Case No. 547 of 2016 instituted for the offence under Section (s) 406, 420, 468, 467, 471 of the Indian Penal Code.

It is alleged that petitioner No. 1 being sister of the informant executed Kewala in favour of petitioner No. 3 on which petitioner No. 2 is the witness.

It has been submitted that petitioner No. 1 is own sister of the informant. The informant is five sisters and after death of their father the land was distributed equally between all

Patna High Court Cr.Misc. No.9217 of 2017 (2) dt.28-02-2017 2/2 the sisters of the informant and petitioner No. 1 has executed the sale deed with respect to her share.

In this manner, from the nature of allegation as mentioned in the written report, it is a case of civil dispute. In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Laheriya Sarai P.S. Case No. 547 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T