Pintu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57960 of 2025 Arising Out of PS. Case No.-495 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.
Pintu Singh S/o Late Madan Singh Resident of Village - Nunai under P.O. - Makhar, P.S.. - Akbarpur (Now Nemdarganj), District - Nawada 2.
Munindra Kumar Singh S/o Late Saryug Singh Resident of Village - Nunai under P.O. - Makhar, P.S.. - Akbarpur (Now Nemdarganj), District - Nawada 3.
Upendra Singh S/o Late Kishun Singh Resident of Village - Nunai under P.O. - Makhar, P.S.. - Akbarpur (Now Nemdarganj), District - Nawada 4.
Barun Singh @ Varun Singh S/o Late Kishun Singh Resident of Village - Nunai under P.O. - Makhar, P.S.. - Akbarpur (Now Nemdarganj), District - Nawada 5.
Agam Kumar S/o Pintu Singh Resident of Village - Nunai under P.O. - Makhar, P.S.. - Akbarpur (Now Nemdarganj), District - Nawada 6.
Silu Devi @ Sillu Devi W/o Pintu Singh Resident of Village - Nunai under P.O. - Makhar, P.S.. - Akbarpur (Now Nemdarganj), District - Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sunita Devi W/o Suchita Singh @ Sujita Singh R/o vill - Dhangawan, P.s.- Fatehpur, Distt.- Gaya, at present address Sunita Devi, D/o Late Naresh Singh, R/o vill - Dihi, P.S.- Akbarpur, Distt.- Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Kumar Sunil, Advocate For the State :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 341, 323, 376, 504, 420, 467, 468 and 471 of the Indian Penal Code.
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3. As per prosecution case, informant, namely Sunita Devi, alleged that she was married to one Rajesh Kumar Singh on 11.02.1991 and inherited the land of her in-laws as Stridhan since her husband has no brother or sister and died on 11.02.2021. It is alleged that thereafter, all these accused persons started harassing the complainant and Petitioner No. 1 got false agreement prepared in which it was shown that the complainant has abandoned the land. It is further alleged that all the accused persons abused the complainant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, Petitioner No. 1 is own devar (brother-in-law) of the complainant/Opposite Party No. 2 and rest of the petitioners are his family members. From bare perusal of the F.I.R. it is apparent that the dispute relates to partition of family property of the parties, which is purely civil in nature and a criminal colour has been given to it in order to grab the land of the petitioners and harass them. Marriage of complainant was solemnized with brother of Petitioner No. 1 in the year 1991 and after his death on 11.02.2021, the complainant solemnized second marriage on 17.03.2022 with one Suchita Singh and thereafter, the whole
3/4 dispute arose with respect to family property and demand of her share in the same which was raised by her at the instance of her second husband. It is further submitted that Petitioner No. 1 has already filed a title suit vide Title Suit No. 307 of 2022 before the Sub-Judge-1st, Nawada for declaration of the disputed property appertaining to Khata No. 5, Plot No. 371, Area 32 1⁄2 decimal situated at Village- Nunai, Block- Akbarpur, DistrictNawada in which complainant is also a party and she has appeared and given her written statement and after filing of the title suit, this false and concocted case has been lodged. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, nature of dispute and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
4/4 amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 495 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