Gyanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80964 of 2023 Arising Out of PS. Case No.-533 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Gyanti Devi W/O Late Radhe Shyam Prasad Village- Hasanpura, Ps. Shakurabad, Dist. Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jawahir Mallah @ Nanhak Mallah S/O Late Devnandan Mallah MohallaMalahchak, Ps. And Dist. Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-10-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 342, 420, 379, 120B, 504 and 506 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioner submits that the case was taken up on 19.12.2023 when the then Coordinate Bench issued notice to the opposite party no. 2. It is further submitted that in compliance of the order dated 19.12.2023, notices on the address furnished in the complaint were filed within time. It is next submitted that from perusal of the office report dated 20.03.2025, it would manifest that the same records with regard to ordinary and registered cover notice that it has been reported that opposite party no. 2 could not be traced at given address.

Patna High Court CR. MISC. No.80964 of 2023(11) dt.10-10-2025 2/3

4. Learned counsel for the petitioner submits that the notices were sent on the address furnished by the opposite party no. 2 in the complaint case and the office report records that the opposite party no. 2 could not be traced which amply demonstrate that opposite party no. 2 is evading the notice.

5. In view of the submissions made on behalf of learned counsel for the petitioner, the notice is deemed to be validly served. Learned counsel for the petitioner next submits that the petitioner has antecedent of one case and is a women. It is next submitted that even presuming what has been alleged in the F.I.R.

Patna High Court CR. MISC. No.80964 of 2023(11) dt.10-10-2025 3/3 appear and rebut her claim. It is next submitted that as of date the sale deed stands in the name of the petitioner and the complainant has not moved before a Court of competent Civil Jurisdiction for getting the same cancelled.

6. Learned APP for the State opposes the prayer for grant of bail to the petitioner.

7. Considering the submissions made by learned counsel for the parties and taking into consideration the fact that the petitioner is a lady having no criminal antecedent, let petitioner, above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Complaint Case No. 533 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Ranjeet/- U T