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Patna High Court - Orders

Md.Ibrahim & Ors vs State Of Bihar on 26 November, 2008

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.39676 of 2008
                  1. MD.IBRAHIM
                  2. MD. MATIUR RAHMAN
                  3. ABDUL BAREK,
                           All sons of Md. Suleman
                  4. MD. SULEMAN,
                           son of Abu Bakar,
                           All resident of Potalbari
                   5. MUKHLESUR RAHMAN,
                                son of Imran Ali
                   6. ABDUL KARIM @ ABDUL KALIM
                           son of Shahabuddin
                   7. IMRAN ALI,
                           son of Late Ansamad, all are
                           resident of Village Khuradhar, all are
                           P.S. Barsoi, Distt. Katihar
                   8. MD TAFIJUL,
                           son of Abu Bakar
                   9. MD. USMAN
                           son of Tafijul
                  10. MD. AJMAN @ AJMAN
                            son of Md. Tafijul, resident of
                           Village Kumedpur, P.S. Harichandrapur,
                           Distt. Maldah
                                                          ---------Petitioners
                                            Versus
                                    STATE OF BIHAR
                                   -----------

2.   26.11.2008

Heard the learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Barsoi P.S. Case No.106/08 for the alleged offences registered under sections 467, 468, 420, 120B, 504 and 379 of the Indian Penal Code.

The allegation against petitioner no.4 Md. Suleman, who is the own brother of the informant, is to the effect that he got the Will executed fraudulently from their mother. The allegation against other petitioners are to the effect that they had also assisted petitioner -2- no.4 in getting that Will executed.

The learned counsel for the petitioners submits that although the Will was not probated, but petitioner no.4 was put in possession, which was being objected by the informant and as such this false case has been lodged against the petitioners.

Considering the facts and circumstances of the case and the submissions as noticed above as also the averments made in the petition, let petitioners no.1 to 10 above named, in the event of their arrest or surrender in connection with Barsoi P.S. Case No.106/2008 within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure.

PNM                             (Shailesh Kumar Sinha, J.)