Abha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71754 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Abha Devi, W/o- Malik Singh, D/o Late Harishankar Rao, R/o VillageMarhiya, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-09-2024 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the Petitioner and Mr. Akshay Lal Pandit, learned APP for the State.

2. The petitioner apprehends her arrest in connection with Ramnagar P.S. Case No. 136 of 2023 dated 01.04.2023 registered for the offences punishable under Sections 406, 419, 420, 467, 468, 120B read with Section 34 of the Indian Penal Code.

3. Learned counsel appearing for the petitioner submits that as per allegation, this petitioner and other coaccused persons have sold a piece of land to the informant through a registered Sale Deed, over which they have no right and the same is Bakasht land but the allegation mentioned in the FIR is false and fabricated as the informant was well aware

Patna High Court CR. MISC. No.71754 of 2024(2) dt.27-09-2024 2/3 about the petitioner's right over the said land which he got executed in favour of his wife. It is further submitted that the petitioner is a lady having no criminal antecedent and some other co-accused persons namely, Abhimanyu Singh, Rajeshwar Singh, Seema Devi, Poonam Devi and Rani Devi have been granted anticipatory bail by this Bench vide order dated 11.10.2023 passed in Cr. Misc. No. 60068 of 2023. Learned counsel further submits that a good relation has established in between the petitioner and the informant and they have made compromise.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Heard both the sides and perused the relevant materials. The petitioner is said to be one of the sellers and above-mentioned co-accused persons carrying similar nature of allegation have been granted anticipatory bail by this Bench vide order dated 11.10.2023 passed in Cr. Misc. No. 60068 of 2023 and the petitioner has taken the plea that the informant has compromised with the petitioner who is a lady having fair and clean antecedent, considering all these facts as well as above submissions, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in

Patna High Court CR. MISC. No.71754 of 2024(2) dt.27-09-2024 3/3 the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Ramnagar P.S. Case No. 136 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) maynaz/- U T