Avinash Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29134 of 2026 Arising Out of PS. Case No.-137 Year-2024 Thana- RAJIVNAGAR District- Patna ====================================================== 1.
Avinash Ranjan S/o Late Bindeshwar Prasad Singh R/o - Flat No. 603, K P Tower Block B Frandes Colony, PS - Rajiv Nagar, District - Patna, Pin - 800025 2.
Guriya @ Malini Ranjan W/o Avinash Ranjan R/o - Flat No. 603, K P Tower Block B Frandes Colony, PS - Rajiv Nagar, District - Patna, Pin - 800025 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Anand Nitin, Adv For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP For the Informant :
Mr. Ayushman Kishore, Adv :
Mr. Sushant Shekhar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-05-2026 At the outset, it is submitted by learned counsel for the petitioner that petitioner no. 1 arrested during the pendency of the present petition and, therefore, the prayer of anticipatory bail of petitioner no. 1 namely Avinash Ranjan, becomes infructuous and, therefore, he be permitted to withdraw the same.
2. Request allowed.
3. Anticipatory bail of the petitioner no. 1 namely Avinash Ranjan is hereby dismissed as withdrawn.
4. Now present anticipatory bail petition survives against petitioner no. 2 namely Guriya @ Malini Ranjan only.
5. The petitioner is named in the F.I.R. and
2/4 apprehending her arrest in connection with Rajiv Nagar P.S. Case No. 137 of 2024 registered for the offences punishable under Sections 420, 385, 506, 467, 468, 471 and 34 of the Indian Penal Code.
6. As per FIR, petitioner along with her husband occupied the flat in issue against the rent during the lifetime of the husband of the informant and after the death of the husband of the informant on the basis of forged documents and agreement executed with deceased husband of informant claimed the ownership of flat.
7. It is submitted by learned counsel appearing on behalf of the petitioner that the agreement in issue was executed during the lifetime of husband of informant regarding sale of the flat, where petitioner was living as a tenant along with her husband. It is submitted that the rent amount of Rs. 7,000/- per month was fixed orally, but on different occasions total of Rs. 30 lakhs has paid to the informant and her husband. It is submitted that aforesaid transaction was made in cash and through bank. It is pointed out that when the informant refused to execute the sale deed petitioners filed a suit for specific performance before the Patna Civil Court registered as Title Suit No. 497 of 2023 dated 28.11.2023 pending before learned Sub-Judge VIII, Patna,
3/4 where informant already joined proceeding, but subsequently, thereafter as to create the pressure present criminal case was lodged on 07.03.2024. While concluding arguments, it is submitted that present dispute is purely civil in nature for which present criminal prosecution is completely un-occasioned and unwarranted.
8. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that the agreement was drawn by making forged signature of the husband of the informant and he totally denied its existence as claimed by learned counsel for the petitioner. It is submitted that till now the police on several occasions issued notice under Section 91 of the Cr.P.C. to petitioner to produce documents. But the document in issue was never produced before the police. It is also submitted that submission to lodge this criminal case as an afterthought, after lodging the title suit, also not appears convincing that after lodging criminal case only, the informant received summons and, therefore, at the time of lodging present criminal case, petitioner was not under knowledge of existing of any title suit as filed by petitioner's husband. However, he could not dispute the submissions that the amount as submitted aforesaid was received by the informant/deceased husband, but it
4/4 was said that same was received against rent of the flat and not as any part consideration, in furtherance of the agreement.
9. Let it be so, as the submissions raised by the parties primarily suggest that dispute is civil in nature, coupled with the fact as petitioner is a lady of clean antecedent, accordingly petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Patna/concerned Court, where the case is pending in connection with Rajiv Nagar P.S. Case No. 137 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T