2025:JHHC:23304 1 A.B.A. No. 4333 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 4333 of 2025 ---- 1.Md. Mehmud Alam, aged about 49 years son of late Sheikh Salim aged about 49 years 2.Marium Khatum, aged about 45 years wife of Md. Mehmud Alam, Resident of Village Sundarpur Post Office and P.S. Pripainti District Ghagalpur, Bihar .... Petitioner(s) -- Versus -- State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) :- Mr. Raja Ravi Shekhar Singh, Advocate For the State :- Mr. S.P.Jha, Advocate For Informant :- Mr. Gautam Kumar, Advocate Mr. Ashutosh Kumar Sinha, Advocate Mr.Abhinav Raj, Advocate ---- 4/12.08.2025 Heard the learned counsel for the petitioners as well as the learned counsel for the State and the learned counsel for the informant. 2. The petitioners are apprehending their arrest in connection with Barhait P.S. Case No.02 of 2025, for the offence registered under sections 406/420/34 of the IPC, pending in the court of learned Sub Divisional Judicial Magistrate, Sahibganj. 3. Learned counsel for the petitioner submits that the allegations are made under section 420, 406/34 IPC and petitioners happened to be wife and husband respectively and the allegation is also made of not executing the registration of the land in favour of the informant and there is also allegation made of taking advance of Rs.12,50,000/- and he submits that there is no agreement to sell any land and he submits that the amount was taken on loan by the informant and the same was returned back. He submits that the learned court has rejected the anticipatory bail on the ground of Satendra Kumar Antil v. C.B.I reported in (2022) 10 SCC 51, however, warrant has already been issued. 4. Learned counsel for the State submits that the petitioners are required to appear before the learned court. 2025:JHHC:23304 2 A.B.A. No. 4333 of 2025 5. Learned counsel for the informant submits that the anticipatory bail application itself is not maintainable in light of the observation made in the impugned order in light of case of Satendra Kumar Antil (Supra). 6. It appears as disclosed in paragraph no.11 of the petition that the petitioners have received notice under section 35(3) of BNSS, 2023 and they have approached the investigating officer, however, he has not taken their statement on the ground that the investigating officer has already taken the NBW from the court concerned, and in that view of the matter, the petitioners, above named are directed to surrender before the learned court concerned within two weeks from today, and the learned court concerned shall release both the petitioners, above named, on such terms and conditions and sureties as the learned court may deem fit and proper. 7. This petition is disposed of. ( Sanjay Kumar Dwivedi, J.) SI/