Safatun Nesha Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Safatun Nesha Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Enlargement of the petitioner on bail, in the event of her arrest/surrender within six weeks, on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the court concerned, East Champaran at Motihari, in connection with Dhaka P.S. Case No. 372 of 2023, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with Dhaka P.S. Case No. 372 of 2023, should be enlarged on bail in the event of her arrest or surrender.

Ratio / Principle

Considering the facts and circumstances of the case and the nature of allegation against the petitioner, the petitioner is to be enlarged on bail, in the event of her arrest/surrender within a period of six weeks, on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure, to the satisfaction of the court concerned, East Champaran at Motihari, in connection with Dhaka P.S. Case No. 372 of 2023.

Detailed headnote1 paragraphs

Anticipatory/pre-arrest bail granted. In an oral order dated 12-07-2024 in Criminal Miscellaneous No. 21820 of 2024 (arising out of Dhaka P.S. Case No. 372 of 2023, Thana Dhaka, District East Champaran), Honourable Mr. Justice Chandra Prakash Singh enlarged petitioner Safatun Nesha on bail, in the event of her arrest or surrender within six weeks, on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each, subject to conditions under Section 438(2) of the Code of Criminal Procedure. The FIR dated 03.07.2023 charges offences punishable u/ss 341, 323, 504, 506, 467, 468 and 471 read with Section 34 of the Indian Penal Code; the prosecution case is that the petitioner and co-accused prepared a forged and fabricated sale deed over the informant's Khatiyani land and threatened the informant. Learned counsel relied on the earlier bail grant to co-accused Ajijul Haque (order dated 28.02.2024 in Criminal Miscellaneous No. 9805 of 2024) and absence of criminal antecedents. The application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21820 of 2024

Arising Out of PS. Case No.-372 Year-2023 Thana- DHAKA District- East Champaran

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

Safatun Nesha, Wife of Rohul Haq @ Rohul Haque Resident of VillageChandan Bara, Police Station- Dhaka, District- East Champaran at Motihari.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

================ Appearance : For the Petitioner	========= : Mr.	============================= Shashank Shekhar, Advocate
For the Opposite Party ================	: Mr. =========	Satyendra Prasad, A.P.P. =============================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 12-07-2024

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

2 . The petitioner is apprehending his arrest in a case in connection with Dhaka P.S. Case No. 372 of 2023 dated 03.07.2023 registered for the offences punishable u/ss 341, 323, 504, 506, 467, 468 and 471 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have prepared forged and fabricated sale deed and got registered the Khatiyani land of the informant in favor of the petitioner under conspiracy. The other accused persons had made his signature on the sale deed as identifier and the deed writer of the sale deed. When the informant went to ask from the accused persons about such facts, the accused persons threatened to kill the informant.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.21820 of 2024(3) dt.12-07-2024 2/2

the petitioner is the lady who is quite innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is a land dispute between the parties. It is further submitted that the other accused person Ajijul Haque has already been granted bail by this Court vide order dated 28.02.2024 passed in Criminal Miscellaneous No. 9805 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran at Motihari in connection with Dhaka P.S. Case No. 372 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J)

Gautam/aman-

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