Jyoti Priya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20533 of 2025 Arising Out of PS. Case No.-07 Year-2025 Thana- Marnga District- Purnia ====================================================== Jyoti Priya, D/o Raja Kumar, R/o Vill- Kabaiya Ward no. 06, P.S.- K.Hat (Maranga), District- Purnea.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Anita Devi, W/o Dilip Kumar Mehta, R/o Vill- Gadhiya Balua, P.S.-K Nagar, Distt-Purnea.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ram Prawesh Kumar, Advocate For the State :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Marnga P.S. Case No. 07 of 2025, dated. 08.01.2025 registered for the offences punishable under Sections 318(4), 336(2), 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. The informant and the co-accused persons are family members and as per the allegation, the accused persons including the petitioner have forged one affidavit in the name of the informant and his husband, showing that they have given consent to dispose of the family property by the accused persons

Patna High Court CR. MISC. No.20533 of 2025(2) dt.23-04-2025 2/3 to anybody else and hence, they have executed sale deeds in favour of his wife as well as others.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, he has not forged any affidavit and he has executed the sale deed in regard to the property which belongs to him. He further submits that the alleged facts and circumstances constitutes dispute of civil nature and the a title suit bearing no. 200 of 2024 is also pending in the Court of learned Sub-Judge-I, Purnea.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has 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. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his 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 his

Patna High Court CR. MISC. No.20533 of 2025(2) dt.23-04-2025 3/3 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 Concerned Court Below, in connection with Marnga P.S. Case No. 07 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC 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 bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his 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 bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T