Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45063 of 2026 Arising Out of PS. Case No.-501 Year-2026 Thana- PHULWARISHARIF District- Patna ====================================================== Geeta Devi W/O Yogendra Giri R/O Village- Ishapur, P.S- Phulwarisharif, Distt.- Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Uday Prasad, Adv.

For the Opposite Party :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Phulwarisharif P.S. Case No.501 of 2026 registered under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS').

3. As per the FIR, the allegation against the petitioner is to make obstruction in construction work on the land which was purchased by informant vide sale deed dated 29.10.2024 from the petitioner.

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4. It is submitted by learned counsel for the petitioner that the present criminal case was instituted in the background of the land dispute, which is completely unoccasioned and unwarranted. It is submitted that the sale deed was executed by petitioner in favour of informant but appropriate consideration was not paid. It is submitted that for all such reason a Title Suit is preferred by this petitioner which is pending before the Trial Court as Title Suit No. 98 of 2026. Learned counsel could not disputed the possession of petitioner over land in issue. Explaining criminal antecedent, it is submitted that petitioner found involved in two more criminal cases of similar nature, where she is on bail.

5. Learned APP duly assisted by Mr. Birendra Narayan Sharma, Learned counsel for the informant submitted that the petitioner is habitual of committing such offences. It is submitted that after paying full consideration amount, sale deed was executed in favour of the informant but for no reason, petitioner and her family members are disturbing the peaceful possession of the informant and

3/4 construction work for the reason that after executing sale deed, the market value of the land in issue appreciated. It is submitted that the filing of Title Suit as submitted is an afterthought, just to create a colour of civil dispute. It is submitted that informant is in the peaceful possession of the land in issue.

6. In view of aforesaid factual submissions and by taking note of fact as the petitioner is a lady, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of her arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IV, Patna in connection with Phulwarisharif P.S. Case No.501 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS and with further conditions:- (I) The petitioner shall not disturb the peaceful possession/construction work of the petitioner over the said land till direction of any competent court.

4/4 (ii) If petitioner indulges in any similar criminal activity till conclusion of trial, the informant/State shall be at liberty to press before the learned trial court itself for cancellation of her bail bond.

(Chandra Shekhar Jha, J.) Aniket/- U T