Nashreen Bano v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60064 of 2018 Arising Out of PS. Case No.-162 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== Nashreen Bano son of wife of Md. Nashrullah, resident of village/MohallaTeghra, Daniyalpur, P.S.-Teghra, District- Begusarai, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Chandra, Advocate For the Opposite Party/s :
Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned for the State being assisted by learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Teghra P.S. Case No.162 of 2018 registered under Sections 406, 420, 467, 468, 471, 504, 506, 341, 323 and 120B of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that as per the prosecution case the informant had given rupees twelve lacs in lieu of land to the husband of the petitioner and Md. Hasnain for which he had executed a Mahadnama, but he did not execute the sale deed. As far as the petitioner is concerned, admittedly, there was no agreement by the informant with her. He has further contended that accepting the entire allegations made in the FIR to be true, no criminal
Patna High Court Cr.Misc. No.60064 of 2018(2) dt.11-12-2018 2/2 offence is made out and, at best, the dispute is of civil nature. In this regard he has placed reliance on the judgment of the Supreme Court in the matter of Murari Lal Gupta vs. Gopi Singh reported in (2005) 13 SCC 699.
Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on 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, Begusarai in connection with Teghra P.S. Case No.162 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md. S/- U T