Kajal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56935 of 2025 Arising Out of PS. Case No.-837 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Kajal Devi W/o- Suraj Kumar Mohalla- Daud Bigha Ps- Agamkuan DistPatna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Brajendra Kumar S/o- Late Mithilesh Sharma Village- Mahamadpur PoMednipur Ps- Kurtha ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Kumar, Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code and later on, Sections 467, 468, 471 and 474 of the Indian Penal Code were added.
3. As per prosecution case, informant, namely Brajendra Kumar, alleged that he agreed to purchase a piece of land from one Suraj Kumar and on 04.07.2022, co-accused Suraj Kumar and Karan Kumar executed an agreement for sale in favour of informant and informant paid Rs. 5,00,000/- as advance consideration money out of total Rs. 2,30,00,000/- and
Patna High Court CR. MISC. No.56935 of 2025(2) dt.25-08-2025 2/3 subsequently, he paid the total consideration money of Rs. 2,30,00,000/- to the co-accused Suraj Kumar and Karan Kumar. It is alleged that thereafter, the accused persons refused to execute the land in favour of informant or return the consideration money.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither vendor nor vendee of the land in question and she has falsely been implicated in this case merely because she happens to be wife of co-accused Suraj Kumar. From bare perusal of the F.I.R. it is apparent that the entire consideration money was paid by the informant to other co-accused persons and petitioner has neither received a single farthing nor executed any agreement for sale. It is further submitted that dispute involved in the present case is civil in nature relating to sale and purchase of land and none of the acts allegedly committed by this petitioner would give rise to any criminal liability. Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.56935 of 2025(2) dt.25-08-2025 3/3
6. Considering the facts and circumstances of the case, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned Addl. Chief Judicial Magistrate-IV, Patna City in connection with Agamkuan P.S. Case No. 837 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T