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Patna High CourtCR. MISC./63648/2024bail granted

Vidya Devi Bhagat @ Vidya Devi v. The State Of Bihar

2024-09-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63648 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- ARARIA District- Araria ====================================================== Vidya Devi Bhagat @ Vidya Devi Wife of Late Kamla Prasad Bhagat Resident of Mohalla - Near BSNL Tower, Shivpuri, Ward No. 09, Police Station - Araria, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Advocate For the State :

Ms. Sharda Kumari, A.P.P.

For the Informant :

Mr. Gopal Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

3. As per prosecution case, this petitioner executed sale deed in favour of Niraj Kumar Verma, Rajiv Ranjan and Raushan Kumar Verma on 20.11.2015 from Khata No. 2488 Plot No. 9775 and from Khata No. 2487 Plot No. 9771. It is alleged that the sale deed in question was executed for lesser area as compared to the agreement.

4. Learned counsel for the petitioner submits that petitioner had sold her share of land, received from ancestral property. The sale deed was executed in favour of Niraj Kumar

Patna High Court CR. MISC. No.63648 of 2024(2) dt.25-09-2024 2/2 Verma, Rajiv Ranjan and Raushan Kumar Verma and the land has also been mutated in favour of the aforesaid purchasers and they have got no objection regarding the same. Informant is stranger and in no way aggrieved. Dispute involved in this case in regarding sale and purchase of land which is of civil nature.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering the aforesaid 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 Chief Judicial Magistrate, Araria in connection with Araria P. S. Case No. 217 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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