Md. Manjar Hasnain @ Manjar Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8849 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Manjar Hasnain @ Manjar Hassan son of Late Md. Yakub Miya @ Md. Yakub resident of village - Mohni, P.S. - Asthawan, Dist - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Bihar P.S.Case No.224 of 2016 registered for offences punishable under Sections 465, 467, 468,120(B), 423, 379, 323, 504/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the allegation against the petitioner is that he sold the land, which belongs to his step sister though the said land had already been sold by his step sister to the informant. The land, in question, comes in the share of the mother of the petitioner as such the sister of the petitioner has no concern with the land and the petitioner has sold the same, so no case is made out against the petitioner and it is the matter of civil dispute. It is further submitted that a title suit is also going on

Patna High Court Cr.Misc. No.8849 of 2017 (2) dt.06-03-2017 2/2 between the parties with respect to the same land. Heard learned A.P.P. and the learned counsel for the informant. The learned counsel for the informant has submitted that the informant has purchased the land from the sister of the petitioner in the year, 2006.

Having heard both sides and in view of the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of four weeks and make prayer for regular bail and both the parties will produce all the documents pertaining the land, in question, which will examined by the learned court below and after considering the rival submissions of the parties, he will pass appropriate order on the basis of documents, as produced by both the parties and their submissions.. In the meantime, no coercive steps will be taken against the petitioner.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U