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Patna High CourtCR. MISC./37466/2025bail granted

Kalawati Devi @ Kalabati Debi @ Shrimati Kalawati Devi v. The State Of Bihar

2025-09-03Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37466 of 2025 Arising Out of PS. Case No.-7 Year-2023 Thana- COMPLAINT CASE - UDAKISHUNGANJ District- Madhepura ====================================================== 1.

Kalawati Devi @ Kalabati Debi @ Shrimati Kalawati Devi Wife of Shri Kamleshwari Mehta @ Kamleshwari Mehta @ Kamleshwari Prasad Mehta, Resident of Village-Laxmipur, PS and Circle- Bihariganj DistrictMadhepura 2.

Pinki Devi @ Shrimti Pinki Devi, Wife of Shri Surendra Mehta @ Surendra Mehta, Resident of Village -Laxmipur, PS and Circle-Bihariganj DistrictMadhepura 3.

Sulekha Devi @ Shrimati Sulekha Devi, Wife of Shri Chandeshwari Mehta @ Chandeshwari Mehta, Resident of Village -Laxmipur, PS and CircleBihariganj District -Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pawan Kumar Mehta Son of Baispat Mehta Resident of village- Laxmipur Parariya, Ward no. 13, PS and Circle- Bihariganj, District- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Ataur Rahman, APP Mr. Barun Kumar Singh, Advocate Mr. Kumar Praveen, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Complaint Case no.7 of 2023, registered under sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. As per the prosecution case, the complainant states that the accused persons namley Puran Mehta and Kamleshwari Mehta fraudulently got the papers prepared with respect to the

Patna High Court CR. MISC. No.37466 of 2025(3) dt.03-09-2025 2/3 land of the complainant in their names and thereafter have executed the sale deeds in favour of their daughter-in-law and wife, the vendees being the petitioners herein.

4. Learned counsel for the petitioners submits that the petitioners who are ladies have been falsely implicated in the case. The dispute, if any, is purely civil in nature. None of the petitioners herein are vendors to the sale deeds. In fact, filing of the instant case making the petitioners herein as an accused is an abuse of the process of Court. The petitioners have no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the complainant/opposite party no.2. It is submitted by learned counsel for the opposite party no.2 that the two accused persons namely Puran Mehta and Kamleshwari Mehta after interpolating the documents, managed to get their names entered with respect to the land of the complainant and thereafter have transferred the same through registered sale deeds in favour of the petitioners. All the accused persons including the petitioners herein have entered into a criminal conspiracy and as such the petitioners should not be granted anticipatory bail.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.37466 of 2025(3) dt.03-09-2025 3/3 taking into consideration the nature of allegation against the petitioners, the petitioners being ladies and at best the allegation against them is of being the vendees in the sale deeds executed by the co-accused Puran Mehta and Kamleshwari Mehta together with the petitioners not having any criminal antecedents, it is directed that all the three petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no.7 of 2023 on each them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura.

(Partha Sarthy, J) avinash/- U T