Mustak Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43461 of 2017 Arising Out of PS.Case No. -303 Year- 2016 Thana -GOVINDGANJ (Areraj) DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mustak Ansari, Son of Late Amin Ansari, Resident of VillageImarvamar, P.S.: Paharpur, District- East Champaran.

2. Yaniba Khatoon @ Maniba Khatoon, Wife of Manjoor Ansari,

3. Manjoor Ansari @ Manjoor Alam, Son of Wazir Mian.

4. Samsuddin Mian @ Sarfuddin Mian, Son of Jan Mian, All resident of village Banchhihuli, Police Station: Harshidhi, District- East- Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.

The petitioners apprehend their arrest in Govindganj (Areraj) P.S. case No. 303 of 2016 under Section 406, 420 of the Indian Penal Code.

The informant alleged that petitioner No.1 borrowed Rs. three lacs from him and again he demanded Rs. 10 lacs and assured to execute a sale deed with regard to land of Khata No. 91, Khesra No. 1188, area two katha. The informant gave money and petitioner No.1 executed sale deed. When the informant went to take possession of the land the accused persons did not allow him to take possession of the land and disclosed that petitioner No.1

Patna High Court Cr.Misc. No.43461 of 2017 (2) dt.19-09-2017 2/2 had already executed the sale deed in favour of his sister, petitioner No.2.

The learned counsel for the petitioners submits that petitioner No.1 had earlier filed complaint case No. 1415 of 2016 against the informant for fraudulently executing sale deed by him in which cognizance was taken and thereafter the informant filed the present case.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, East Champaran, Motihari in connection with Govindganj (Areraj) P.S. case No. 303 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T