Maya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12701 of 2026 Arising Out of PS. Case No.-13 Year-2024 Thana- TARAIYA District- Saran ====================================================== 1.
Maya Devi W/o- Tejnarayan Singh R/O Vill- Gavandri PS- Taraiya DisttSaran 2.
Prabhunath Rai S/o- Deolal Rai R/O Vill- Gavandri PS-Taraiya Distt- Saran 3.
Tejnarayan Singh S/o- Late Kishundeo Singh R/O Vill- Gavandri PS-Taraiya Distt- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Suga Devi W/o- Late Kishundeo Singh R/O Vill- Gavandri PS-Taraiya DisttSaran, P/A- Khaira Khananpur Ps- Khaira Dist- Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Harshvardhan For the State :
Mr.Bhanu Pratap Singh For the O. P. No. 2 :
Mr. Krishna Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2026
1. Heard learned Counsel for the petitioners, learned Counsel for the Opposite Party No. 2-informant and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Taraiya Police Station Case No. 13 of 2024, dated 06.01.2024, registered on the basis of Complaint Case No. 3293 of 2023, disclosing offences punishable under Sections 323/341/420/419/467/471/120-B of the Indian Penal Code.
3. The prosecution case, as per the complaint -cum- First
2/4 Information Report, is that the husband of the informant was posted in the Railways as a Driver in Madhya Pradesh and due to his bad health, he had taken V. R. S. from the job and started residing in the village. It has been alleged that the husbands of the informant had purchased a piece of land in the year 1963, which has fraudulently been grabbed by the accused persons, including the petitioner, on the basis of a forged deed of gift, allegedly executed by the husband of the informant on 14.07.1997 in favour of the accused persons, though the husband of the petitioner died on 27.06.1997.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that the informant is the second wife of the deceased and she has filed the present case against the children of first wife of the deceased. He further submits that the Opposite Party No. 2 has filed an application for family pension and in serial no. 4 of the said application, the Opposite Party No. 2 has mentioned the date of death of her husband as 17.08.1997 (Annexure P/2). Annexure P/3 is an affidavit duly sworn in by the Opposite Party No. 2 herself, which also shows that the
3/4 date of death of her husband is 17.08.1997. Annexure P/4 is a report of Circle Officer, Taraiya, based on the death certificate no. 101617, dated 31.08.1997, which also shows that the date of death of the husband of the Opposite Party No. 2 was 17.08.1997. He further submits that the informant-Opposite Party No. 2 has based her claim of commission of fraud and forgery on the basis of death certificate no. 10161, dated 31.06.1997, of the husband of the informant, but there is only thirty days in the month of June.
5. On the other hand, learned Counsel for the Opposite Party No. 2 opposes the prayer for bail and submits that the accused persons, after manipulating the documents, has fraudulently grabbed the land on the basis of forged deed of gift executed by the informant's husband on 14.07.1997, though the husband of the petitioner died much prior on 27.06.1997.
6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is based upon documents and custodial interrogation of the petitioners may not be required, I am inclined to grant the petitioners
4/4 privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, at Chapra, in connection with Taraiya Police Station Case No. 13 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √