Fulena Sahni @ Rajkumari Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34202 of 2025 Arising Out of PS. Case No.-1257 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Fulena Sahni @ Rajkumari Sahni W/o Late Ramashankar Sahani Resident of Sundarpur Road, near Dunean Hoaspital, P.O. and P.S.- Raxaul, District- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Lal Babu Sah (M/S Bhawani Traders) S/O-Shivam Sah, R/O-VillageDagraha, P.S.-Mehsi , Dist-East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending her arrest in Complaint Case No. 1257 of 2023 registered under Sections 406 & 420 of the Indian Penal Code.
3. According to allegation, the petitioner Phulena Sahani @ Rajkumari Sahani entered into an oral agreement to sell her land with the complainant. She took Rs. 5,00,000/- in her account from the informant but she neither returned his money nor executed the sale deed. Having no option, the complainant sent legal notice to her.
Patna High Court CR. MISC. No.34202 of 2025(6) dt.15-10-2025 2/3
4. It has been submitted on behalf of the petitioner that the petitioner is a lady of clean antecedent. As a matter of fact, she executed a sale deed in favour of Jainaraiin Sah and Rajan Kumar on 01-12-2022 according to a written agreement to sell entered into between the petitioner and one Chandan Kumar on 21-11-2022. He further submitted that part of the consideration money of that sale was transferred into account of the present petitioner. It has also been submitted that there is no chit of paper showing an agreement to sell between the petitioner and the complainant.
5. On the otherhand, learned counsel for the complainant submits that it is an admitted fact that the amount of Rs. 5,00,000/- (five lacs) was transferred in the account of the petitioner from the bank account of the complainant through RTGS.
6. Be that as it may, the petitioner is a lady of clean antecedent and the dispute appears to be of civil nature, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist
Patna High Court CR. MISC. No.34202 of 2025(6) dt.15-10-2025 3/3 Class, East Champaran, Motihari in connection with Complaint Case No. 1257 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of BNSS, 2023.
(Nawneet Kumar Pandey, J) A.K.V.//- U T