Kamrul Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74849 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== 1.
KAMRUL SHAH Son of Late Ajij Shah @ Abdul Ajij Shah Resident of Village- Basahiya Sheikh, P.S.- Piprahi, District- Sheohar. 2.
Samrul Shah Son of Late Ajij Shah @ Abdul Ajij Shah Resident of VillageBasahiya Sheikh, P.S.-Piprahi, District-Sheohar. 3.
Tajmun Sah @ Talmul Shah @ Md. Tajmul Shah Son of Late Ajij Shah @ Abdul Ajij Shah Resident of Village-Basahiya Sheikh, P.S.-Piprahi, DistrictSheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Piprahi P.S. Case No. 151 of 2019, registered for the offence punishable under sections 420, 467, 468 and 471 of the Indian Penal Code.
As per allegation made in the F.I.R., the informant purchased a piece of land by registered sale deed from Alauddin Shah on 05.09.2017. It is further stated that on making an application for establishing Jamabandi in her name, it transpired that the land belonging to the share of Alauddin Shah, has already been sold by the husband and devar of the informant in favour of accused nos. 1, 2
Patna High Court CR. MISC. No.74849 of 2019(2) dt.20-11-2019 2/2 and 3 who are the three petitioners herein.
It is submitted by learned counsel for the petitioner that from reading of the complaint case, it transpires that the allegations levelled against the petitioners are purely a civil dispute wherein as per the informant herself the land of the share of the vendor has already been sold by the informant's husband and brother-in-law themselves. It is further stated that petitioners have no criminal antecedent.
In view of the facts and circumstances stated hereinabove, the above named petitioners are directed to surrender in the court below within a period of six weeks from today and in the event of their arrest or surrender, they shall 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 Chief Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No. 151 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Partha Sarthy, J) sushma/- U T