Sabuja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48308 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sabuja Devi W/O Satyendra Kumar @ Chuhba R/O Village- Bhatgaon, P.SBarh, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kundan Kumar S/O Ram Balak Rai R/O Village- Bhatgaon, P.S- Barh, Distt.- Patna.

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

Mr. Ashok Kumar Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 120(B), 406 of the Indian Penal Code.

3. As per F.I.R., it is alleged that this petitioner, fraudulently, got land of informant executed in her favour.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner is bona fide purchaser of the land and she purchased the same after payment of due consideration money. As per complaint petition, date of registry of the land in question is 27.12.2021 and present case has been lodged on 26.06.2023 i.e., after lapse of more than one year which itself creates doubt over veracity of the prosecution case. It is further submitted that after purchasing the

Patna High Court CR. MISC. No.48308 of 2024(3) dt.23-09-2024 2/2 land in question, complainant gave application for mutation of land before the Circle Officer, who after inquiry, gave order of mutation and petitioner is paying rent since then. Moreover, dispute involved in this case is with regard to sale and purchase of land which is purely civil in nature. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the O.P. No. 2 vehemently opposed the bail application.

6. Considering the nature of dispute and facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, 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 Judicial Magistrate, 1st Class, Barh, Patna in connection with Complaint Case No. 478(C) of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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