Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29377 of 2025 Arising Out of PS. Case No.-211 Year-2024 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== 1.
Shanti Devi wife of Ram Khelawan Paswan Village -Baghaur, P.S.- Halsi, District -Lakhisarai 2.
Ram Khelawan Paswan son of Late Banwari Paswan Village -Baghaur, P.S.- Halsi, District -Lakhisarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Amir Paswan son of Late Vineshwar Paswan Village - and Po- Baghaur, P.S.- Halsi, District -Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 420/ 467/34 of the Indian Penal Code.
3. It is alleged that petitioner no. 2 sold the land of the complainant/opposite party no. 2 through registered saledeed in favour of petitioner no. 1.
4. Learned counsel for the petitioners submits that petitioners are son and daughter-in-law of late Banwari Paswan and complainant is the legal heir of late Bineshwar Paswan, who
Patna High Court CR. MISC. No.29377 of 2025(2) dt.08-05-2025 2/3 is own brother of late Banwari Paswan and grand father of petitioner no. 2 has already executed a sale-deed in favour of petitioner no. 1, in which, Bineshwar Paswan was one of the witness and as such, the allegation, as alleged by the complainant that petitioner no. 2 fraudulently executed saledeed is baseless. Moreover, the dispute involved in the present complaint petition is with regard to sale and purchase of land, which is purely of civil nature and none of the acts allegedly committed by the petitioners give rise to any criminal liability. It is out-and-out a civil dispute, for which, complainant has got some other remedy. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the fact that dispute is of civil nature and petitioners claim clean antecedent, the prayer for anticipatory bail of petitioners is allowed. In the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 2nd Class, Lakhisarai in connection with Complaint Case No. 211-C of 2024, subject to condition as laid down
Patna High Court CR. MISC. No.29377 of 2025(2) dt.08-05-2025 3/3 under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T