Sunita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27872 of 2024 Arising Out of PS. Case No.-120 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.
SUNITA KUMARI WIFE OF MOHAN YADAV RESIDENT OF VILLAGE - BAGAHI, P.S. - BIHIYA, DISTRICT - BHOJPUR 2.
SHANTI DEVI WIFE OF BALIRAM SINGH RESIDENT OF CHAKARAHI, P.S. - BIHIYA, DISTRICT - BHOJPUR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
PANKAJ KUMAR SINGH SON OF SATYANARAYAN SINGH @ KHIRU SINGH RESIDENT OF VILLAGE - FILINGI, P.S. - BIHIYA, DISTRICT - BHOJPUR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Shailendra Kumar Mr.Ramashray Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 327, 420, 120(B), 406 of the Indian Penal Code.
3. Petitioners are alleged to have fraudulently got registered the land of informant in their favour.
4. Learned counsel for the petitioners submits that petitioners are bona-fide purchasers of the land in question after making payment of due consideration money to Sona Devi and
Patna High Court CR. MISC. No.27872 of 2024(4) dt.06-08-2024 2/3 Kheeru Singh and informant is their adopted son. Learned counsel for petitioners further submits that Sona Devi and Kheeru Singh filed a title suit i.e. Title Suit No. 62 of 2022 for cancellation of adoption paper (Goadnama), by which, informant was adopted (Annexure - 2 to the petition). Moreover, the dispute involved in the present petition is purely of civil nature and only with a view to settle the civil dispute, this false and concocted case has been lodged. None of the acts allegedly committed by the petitioners give rise to any criminal liability. Petitioners are ladies and have got clean antecedent.
5. Learned counsel for the State and opposite party no. 2 vehemently opposed the prayer for anticipatory bail and submitted that petitioners have registered the land in question without payment of any money.
6. Considering the fact that dispute is purely of a civil nature and petitioners are ladies, having clean antecedent, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 120 of 2023, subject
Patna High Court CR. MISC. No.27872 of 2024(4) dt.06-08-2024 3/3 to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T