Abdul @ Abdul Haque @ Bhola Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81978 of 2019 Arising Out of PS. Case No.-1725 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

ABDUL @ ABDUL HAQUE @ BHOLA BABU Son of Late Abdul Gaffur (Miyan Marhum) Resident of Village - Rajganj, P.S.- Pirpainti, Distt.- Bhagalpur.

2.

Bibi Anguri @ Anguri W/o Haque @ Bhola Babu Resident of Village - Rajganj, P.S.- Pirpainti, Distt.- Bhagalpur.

3.

Bibi Jeba Afreen @ Zeba Afreen W/o Md. Nadim Akhtar. Resident of Village - Rajganj, P.S.- Pirpainti, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Miskina Ahsan @ Bibi Miskina Ahsan W/o Late Abdul Gafur Mian @ Md. Ahsan, Resident of Village - Rajganj, P.S.- Pirpainty, Distt.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken under sections 406, 420, 120B, 323 and 384 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons misused the power of attorney given by the complainant.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.81978 of 2019(2) dt.18-12-2019 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The matter relates to sale and purchase of land. It is a civil dispute between the parties for which a suit is also pending in the Court below.

On behalf of the State, it is submitted that the petitioner are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Complaint Case No. 1725 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T