Prabhavati Devi @ Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54699 of 2025 Arising Out of PS. Case No.-329 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Prabhavati Devi @ Prabhawati Devi W/O Late Sukhari Singh VillageGarahatha Kalan, Post- Parasiya, P.S.- Bramhapur, P.S.- Bramhapur, DistrictBuxar ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 316(2), 318(4), 338, 340(2) and 330 of the Bharatiya Nyaya Sanhita. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that petitioner executed two sale deeds with respect to four decimal of land each in favour of Akhilesh and Vishal despite being aware of the fact that the land belongs to the informant and her brother.

4.

Learned counsel for the petitioner next submits that

Patna High Court CR. MISC. No.54699 of 2025(2) dt.02-09-2025 2/3 from perusal of the allegation as alleged in the FIR, it would manifest that the dispute is civil to which a criminal colour has been given. It is further submitted that petitioner and the informant are related. It is also submitted that petitioner has sold her share of land in favour of Akhilesh and Vishal. It is next submitted that if informant is aggrieved by the execution of the sale deed by the petitioner in favour of Akhilesh and Vishal, in that event informant has remedy of approaching a court of competent civil jurisdiction for getting the sale deed cancelled, where the petitioner will get a chance to appear and rebut the submission of the informant herein, but then a criminal case has been instituted in order to coerce the petitioner into submission. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumraon P.S.

Patna High Court CR. MISC. No.54699 of 2025(2) dt.02-09-2025 3/3 Case No. 329 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T