Patna High CourtCR. MISC./22853/2025bail granted

Shila Devi v. The State Of Bihar

2025-04-23Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22853 of 2025 Arising Out of PS. Case No.-641 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Shila Devi, Female, aged about 61 years, wife of Late Shivji Paswan, Resident of Village-Hajipur, P.S. Ashok Paper Mill District-Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laheriasarai P.S. Case No. 641 of 2024 instituted for the offences punishable under Sections 467, 468, 471, 406, 420 and 120(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that she has purchased the land from Kamini Devi (Vendor) and the allegation in the FIR is that the said property belongs to Bimal Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the

Patna High Court CR. MISC. No.22853 of 2025(2) dt.23-04-2025 2/3 petitioner is the purchaser of the land and she is herself victim as purchased the land by registered deed from one Kamini Devi. He further submits that the occurrence took place on 03.08.2024 and the FIR has been lodged on 10.11.2024 after three months of the occurrence and there is no any plausible explanation in this regard. He next submit that the petitioner is a lady and the present case is of civil nature and the informant filed the present case only upon putting pressure upon the petitioner. Petitioner is in custody since 16.02.2025.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Sessions Judge, Darbhanga dated 07.03.2025, it appears that petitioner is named in the FIR. It also appears that on the basis of written report of the informant Mritunjay Kumar, FIR has been registered under Sections 467, 468, 471, 406, 420 and 120(B)/34 of the Indian Penal Code against five co-accused persons including the present petitioner and the allegation against the petitioner is that she has purchased the land from one Kamini Devi (Vendor) and the allegation in the FIR is that the said property belongs to one Bimal Kumar, so considering all aspects of the matter that the petitioner is only the purchaser of the said land from the vendor Kamini Devi, petitioner being a

Patna High Court CR. MISC. No.22853 of 2025(2) dt.23-04-2025 3/3 lady and the matter is of civil in nature, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 641of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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