IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34149 of 2011
Md. Aiyub & Anr.
Versus
The State Of Bihar
2. 13.10.2011. Heard learned counsels for the
petitioners and the State.
The petitioners are apprehending
their arrest in connection with Jokihat P.S.
Case No. 31 of 2002 corresponding to G.R.
No. 393 of 2002 arising out of complaint
case no. 2153C of 2000 registered under
Sections 420/34 of the Indian Penal Code.
It is alleged that the informant had
executed a deed of interest by mortgaging
her land for taking Rs. 25,000/- from the
petitioners on 17.07.1991 and on 09.06.2000
when the informant went to return the money
it was found that the sale deed was
executed in favour of the petitioner no.1
and his brother.
It is submitted by learned counsel
for petitioners that the informant has
retracted from her initial version and to
that effect a compromise petition has been
filed before the learned court below.
On merits, it appears that for cause
of action of 1991 i.e., after nine years,
the complaint was filed which got registered
2
as police case in 2002 which clouds bonafide
of accusation.
This court is not inclined to
interfere only because the case was
instituted in 2002. On merits, it appears
that it is a fit case for grant of regular
bail.
Let the learned court below consider
the regular bail application of the
petitioners and try to dispose off the same
preferably on the same day if the
petitioners surrender and pray for regular
bail within a period of six weeks from
today.
With the above observation, the
anticipatory bail application of the
petitioners is disposed off.
Let the order be faxed to the
learned C.J.M., Araria in connection with
Jokihat P.S. case No. 31 of 2002
corresponding to G.R. No. 393 of 2002
arising out of complaint case no. 2153C of
2000 at the cost of the petitioners.
U. K. ( Dinesh Kumar Singh, J)