Manju Devi @ Manju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72105 of 2024 Arising Out of PS. Case No.-474 Year-2013 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Manju Devi @ Manju Kumari Wife of Late Kedarnath Prasad R/O MohallaTeliapatti, P.S.- Motihari Town, Dist.- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh No. I, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in Town P.S. Case No. 474 of 2013 registered under Sections 147, 148, 149, 420, 467, 468, 471 and 120-B of the Indian Penal Code.

3. As per prosecution case, it is alleged that a Partition Suit No. 194/82 is pending before Sub-Judge-I and order of status quo is maintained since 10.04.1987 which is enforceable till date, wherein the heirs of Late Amarnath and Late Kedarnath became parties in said partition suit, and despite having knowledge of the said partition suit, petitioner executed an agreement to sale on 13.07.2006 with regard to 3 Katha 4 Dhurs of suit land in favour of co-accused Govind Gopal.

4. Learned counsel appearing for the petitioner submits that from the FIR itself it is clear that the dispute involved in this case is purely civil in nature and is given clour

Patna High Court CR. MISC. No.72105 of 2024(3) dt.18-01-2025 2/2 of criminal offence only with a view to settle the civil dispute. Petitioner is a lady and similarly situated co-accused persons have already been granted bail by this Court vide order pased in Cr.Mis.No. 34033 of 2015. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 the Chief Judicial Magistrate, Motihari, East Champaran in Motihari Town Police Station Case No. 474/2013, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T