Khairul Bibi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74931 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- TARAIYA District- Saran ====================================================== 1.
KHAIRUL BIBI WIFE OF LATE HARUN SAI R/O VILL.- ANDHRABARI, P.S.- TARAIYA, DISTT.- SARAN AT CHHAPRA 2.
MD. KHURSHID ALAM SON OF SAHEB HUSSAIN R/O VILL.- ANDHRABARI, P.S.- TARAIYA, DISTT.- SARAN AT CHHAPRA 3.
SAHEB HUSSAIN @ SAHEB SAI SON OF LATE HAMID SAI R/O VILL.- ANDHRABARI, P.S.- TARAIYA, DISTT.- SARAN AT CHHAPRA 4.
TAMMANA KHATOON WIFE OF LATE JAMIR SAI R/O VILL.- ANDHRABARI, P.S.- TARAIYA, DISTT.- SARAN AT CHHAPRA 5.
MD. ISHU SON OF RASHID MIYA R/O VILL.- SITALPATTI, P.S.- TARAIYA, DISTT.- SARAN AT CHHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 467, 468, 420, 120(B) and 506 of the Indian Penal Code pending in the learned court below.
As per the prosecution case, the informant purchased a piece of land in the name of her daughter-in-law from Khairul Bibi and the said land in question has been mutated in the name
Patna High Court CR. MISC. No.74931 of 2022(2) dt.04-02-2023 2/3 of her daughter in law Munni Khatoon. Petitioners along with other co-accused person is said to have prepared a sale deed and mentally torturing her. On protest they have threatened her to remove her hut otherwise she will face dire consequences. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is admitted land dispute between the parties. He submits that this a civil nature of offence and title suit is going on between the parties. He further submits that petitioner nos.
2 & 3 have got one criminal antecedent and rest of the petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that this is a civil nature of the offence, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.74931 of 2022(2) dt.04-02-2023 3/3 connection with Taraiya P.S. Case No.206/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T