Sagir Ahmad @ Md. Sagir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83690 of 2024 Arising Out of PS. Case No.-324 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Sagir Ahmad @ Md. Sagir Ahmad Son of Mogal Raeen Resident of Village - Chhoti Masjid Kasab Muhallah, P.S. - Jagdishpur, District - Bhojpur at Ara 2.

Seth Kumar Son of Tuntun Prasad Resident of Village - Jagdishpur Ward No. 13, P.S. - Jagdishpur, District - Bhojpur at Ara ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Devi Wife of Raghavendra Kumar Pathak Resident of Village - Jagdishpur Ward No. 16, P.S. - Jagdishpur, District - Bhojpur at Ara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jagdishpur P.S. Case No.324 of 2024 dated 21.09.2024 instituted for the offence punishable under Section 318(4), 336(2), 336(3), 338, 340(2), 351(2), 352 of the BNS.

3. The prosecution case, in short, is that a deed has been allegedly executed after administering some intoxicated substance to the informant's husband. When the informant went to enquire, she was threatened of dire consequences.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.83690 of 2024(2) dt.11-12-2024 2/2 case. It is next submitted that petitioner no.1 purchased the house in question on payment of consideration amount from the husband of the informant where petitioner no.2 is the one of the witness to the said deed. Further submission is that the present case has been filed by the wife of the vendor, who is alive till date and no complaint has been made by the husband of the informant and the nature of the dispute is purely civil in nature. Lastly, it has been submitted that petitioners have no criminal antecedent.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Jagdishpur P.S. Case No.324 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IX, Bhojpur at Ara, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Prakash Narayan U T