Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57647 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- TEKARI District- Gaya ====================================================== 1.

Rubi Devi Wife Of Manoj Kumar Village- Beladih, Ps- Belaganj, Dist- Gaya 2.

Abhay Kumar Son Of Parma Singh Village- Beladih, Ps- Belaganj, DistGaya 3.

Suday Kumar Son Of Late Ramkrit Singh Village- Beladih, Ps- Belaganj, Dist- Gaya 4.

Amit Raj Son Of Suday Kumar Village- Beladih, Ps- Belaganj, Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nirmala Devi D/o Late Arjun Singh R/o village- Beladih, P.S.- Belaganj, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-04-2025 1.

Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners have filed the instant application for grant of anticipatory bail in a case registered for the offences punishable under Sections 420, 406, 467, 468 and 120 (B) of the Indian Penal Code. 3.

As per prosecution case, the allegation against the petitioners is that they have occupied the land of informant on the basis of fraudulent sale deeds.

Patna High Court CR. MISC. No.57647 of 2024(5) dt.04-04-2025 2/3 4.

It is submitted by learned counsel for the petitioner that the petitioners are innocent and they have falsely been implicated in the present case. The land which was allotted to the informant was fraudulently sold by Varsha Devi @ Sushma Devi in favour of the petitioners after the death of informant's father. Varsha Devi had solemnized marriage with informant's father after death of informant's mother and therefore after death of informant's father she became the owner of the property and also got her name mutated in the government records.

5.

Learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail. 6.

Having heard learned counsel for the parties and considering the fact that there is a land dispute between the parties and for this purpose, a Partition Suit is also going on which is annexed with the petition. As per submission, the suit land was sold by Varsha Devi @ Sushama Devi to the petitioners who is the wife of informant's father and after the death of informant's father she became the owner of the said property, considering

Patna High Court CR. MISC. No.57647 of 2024(5) dt.04-04-2025 3/3 the aforesaid facts, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Tekari P.S. Case no. 26 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) tusharika/- U T