Bebi @ Baby Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5158 of 2025 Arising Out of PS. Case No.-3093 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Bebi @ Baby Kumari Wife of Sujeet Kumar Jha Resident of Village - Jamua, P.S. - Dhaka, District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mahamaya Kunwar Wife of Manmohan Jha Resident of Village - Chhagranha, P.S. - Sugauli, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Manjeet Kumar Mishra, Advocate For the State :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending their arrest, in connection with Complaint Case No. 3093 of 2022, dated 09.12.2022 registered for the offences punishable under Sections 467, 468, 420 and 120B of the Indian Penal Code.
3. As per the allegation, the land registered in the name of the complainant has been sold by the accused persons to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.5158 of 2025(2) dt.31-01-2025 2/3 case. He further submits that the petitioner is purchaser of the land in question and there is no offence made out as per the alleged facts and circumstances. At most the alleged facts and circumstances constitute a dispute of civil nature. He further submits that similarly situated co-accused persons, namely, Kiran Jha and Tejnarayan Jha have already been enlarged on anticipatory bail vide order dated 08.01.2025 passed by this Court in Cr. Misc. No. 87672 of 2024.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the civil nature of the dispute, this petition is allowed, directing the petitioner above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.5158 of 2025(2) dt.31-01-2025 3/3 Chief Judicial Magistrate, East Champaran, Motihari, in connection with Complaint Case No. 3093 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bond of the petitioner after hearing them and getting satisfied that the petitioner has concealed his criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bond of the petitioner. (Jitendra Kumar, J.) ramesh, S. Ali/- U T