Guriya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27380 of 2025 Arising Out of PS. Case No.-363 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Guriya Kumari Wife of Santosh Kumar Chaudhary Resident of Dadri, Ward No.- 9, P.S.- Nanpur, District - Sitamarhi at present residents of Jhajhihat Nagar Parishad, Janakpur Road, Ward No.- 20, P.S.- Pupri, District - Sitamarhi.

2.

Santosh Kumar Chaudhary Son of Brahmadev Chaudhary Resident of Dadri, Ward No.- 9, P.S.- Nanpur, District - Sitamarhi at present residents of Jhajhihat Nagar Parishad, Janakpur Road, Ward No.- 20, P.S.- Pupri, District - Sitamarhi.

3.

Mithilesh Chaudhary Wife of Brahmadev Chaudhary Resident of Dadri, Ward No.- 9, P.S.- Nanpur, District - Sitamarhi at present residents of Jhajhihat Nagar Parishad, Janakpur Road, Ward No.- 20, P.S.- Pupri, District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Urmila Devi Wife of Late Sitaram Chaudhary Resident of village - Awapur, P.S.- Pupri, District - Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 316 ( 2 ), 318 ( 4 ), 336 ( 3 ) and 3(5) of the BNS.

3 . It is alleged that petitioner No. 1 daughter of informant in connivance with her husband petitioner No. 2 executed sale deed in favour of petitioner No. 3 ( mother-in

Patna High Court CR. MISC. No.27380 of 2025(2) dt.07-05-2025 2/3 -law of petitioner No. 2 ) Samdhan with respect to the ancestral property left by her deceased husband late Sitaram Chaudhary without any consent or family partition .

4. It is submitted on behalf of the petitioners that Petitioner No. 1 is daughter of informant petitioner No. 2 husband of petitioner No. 1 and petitioner No. 3 is Samdhan of informant. Petitioner No. 1 is the legal heir of her father ( informant ) and as such she sold the land in question to her mother-in -law . After investigation , police submitted final form i. e,. (final form No. 499 of 2024) as land dispute , in this case and differing with same , learned Court below has taken cognizance . Moreover, dispute involved in this case is purely civil in nature .

5 . Learned counsel for the State oppose the bail petition .

6 Considering the fact that dispute involved in this case is purely civil in nature and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, 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 the learned SDJM Pupri Sitamarhi in connection with Pupri P.S. Case No.

Patna High Court CR. MISC. No.27380 of 2025(2) dt.07-05-2025 3/3 363 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T