Allowed

Md. Qurban Ali and Ors. v. The State Of Bihar

Patna HC14 Dec 2016CR. MISC./47731/2016

Case brief

AI extract

What is this about?

Coram Justice Kishore Kumar Mandal, the High Court granted bail to petitioners accused in Forbesganj P.S. Case No. 210 of 2016 under sections 406 and 420 IPC. The court observed the dispute arose from an alleged sale agreement and conditional release was granted.

What did the court decide?

Petitioners released on bail of Rs. 10,000/- each with two sureties of the like amount, appearing in person.

Md. Qurban Ali and Ors. Vs The State Of Bihar — Cheque Dishonour | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.47731 of 2016

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Arising Out of PS.Case No. -210 Year- 2016 Thana -FORBESGANJ District- ARRARIA

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======================================================

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Md. Qurban Ali S/o Late Makdum Ali

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Md. Juber S/o Late Makdum Ali

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Bibi Malka Khatoon D/o Late Makdum Ali

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Bibi Mursida Khatoon D/o Late Makdum Ali

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Alanoor, S/o Qurban Ali

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Nunoo Noor @ Nunu Noor @ Shahnoor S/o Qurban Ali.

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Khushnoor, D/o Qurban Ali Petitioner no. 1 to 4 are resident of Village Baturbari, Petitioner No. 5 to 7 are resident of Village Mahisa Kol, all of ll of P.S. Araria (Tarabari) District Araria.

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.... .... Petitioner/s

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Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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3 14-12-2016 Heard the counsel for the petitioners and Mr. Nawal Kishore Prasad, APP for the State.

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All the petitioners herein are cited as accuseds of Forbesganj P.S. Case No. 210 of 2016 arising out of complaint case no. 1488C of 2015, registered under sections 406 and 420 and other allied sections of IPC.

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Initially, a complaint was lodged which was treated as an FIR on 05.07.2016. The complainant/informant alleged that, on negotiation with the petitioners who belong to one family, the land was agreed to be purchased for which Rs. 1, 93,000/- was paid whereafter on a non-judicial stamp paper some recitals were made, but thereafter the accused persons(petitioners) did not

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Patna High Court Cr.Misc. No.47731 of 2016 (3) dt.14-12-2016

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2/2

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execute the sale-deed and left the place.

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The contention of the petitioners is that there is inordinate delay in lodging the complaint which was later treated as FIR. It is, in fact, a civil dispute. It is not acceptable that for a consideration amount of Rs. 1, 93,000/-, the sale document would be prepared on the stamp paper of Rs. 2000/-. The petitioners have no criminal antecedents.

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Considering the above, let the petitioners named above, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each, with two sureties of the like amount each, to the satisfaction of Chief Judicial Magistrate, Araria in Forbesganj P.S. Case No.210 of 2016 arising out of complaint case no. 1488C of 2015S on condition that one of the bailors of each of the petitioner shall be their own/close family members. In the event of framing of charge, the petitioners shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel their bail bonds and secure their arrest in accordance with law.

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(Kishore Kumar Mandal, J)

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HR/-

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U T

Md. Qurban Ali and Ors. v. The State Of Bihar

Case brief

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Md. Qurban Ali and Ors. v. The State Of Bihar

Case brief

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