SAKILA KHATOON Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The petitioner/vendee of the land in question has sought cancellation of anticipatory bail of O.P. Nos. 2 to 4 which was granted to them by the learned 5th Additional Sessions Judge, Gopalganj by order dated 19.08.2017 passed in A.B.P. No. 1066/2017 in connection with Uachchkagaon P.S. Case No. 74 of 2017, registered under Sections 406, 420, 467, 468, 120B of the Indian Penal Code.

(2.) The husband of the petitioner, who works in Gulf country was made to understand by the tutor of her son that the land belonging to O.P. No. 2 could be purchased for constructing residential house. The O.P. Nos. 2, 3 and 4 thereafter went to the house of the petitioner/complainant and agreed for selling her the land in question which was stated to be 2 kathas, for a total consideration amount of Rs. 6,50,000/-. On the assurance of the O.P. Nos. 2 to 4, an advance amount of Rs. 3,00,000/- was given to O.P. No. 2 in presence of some of the witnesses. Later, the petitioner/complainant came to learn that instead of 2 kathas only 1 katha of land was executed in her favour.

(3.) The case of the O.P. Nos. 2 to 4 before the Court below, at the time of grant of bail, was that in fact only 1 katha of land was sold to the petitioner/complainant for the consideration amount of Rs. 3,50,000/- and on the date of the execution of the sale deed, the petitioner/complainant had come in possession of the said land. A boundary wall also was erected. In support of the bona fides of the transaction, it was submitted by O.P. Nos. 2 to 4 before the Court below that the aforesaid land was purchased by the O.P. No. 2 from one Bhrigunath Parwat on 19.12.2013 and whatever was purchased by the aforesaid sale deed was re-conveyed to the petitioner/complainant for such consideration. Neither the O.P. No. 2 nor the middle-man or the petitioner/complainant had any idea that the land in question would be acquired by the government for the purposes of construction of Sabeya Airport. It was only later that the opposite parties came to learn that the land in question has been acquired for the construction of an airport.