Smt. Vimla Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73173 of 2025 Arising Out of PS. Case No.-1704 Year-2024 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== 1.
Smt. Vimla Sinha W/o Maheshwar Prasad Singh R/o vill- Panapur Silauthar, P.S- Jandaha, Dist- Vaishali 2.
Abhishek Chandra S/o Late Ram Prahlad Chaurasia R/o vill - Pratap Pur, P.S.- Jandaha, Distt.- Vaishali 3.
Sita Ram Singh Vaidik S/o Late Ramanand Singh Vaidik R/o vill - Panapur Silauthar, P.S.- Jandaha, Distt.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Harihar singh S/o Late Jangi Singh R/o vill - Panapur Silauthar, P.S.- Jandaha, Distt.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ramesh Kumar Thakur, Advocate For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2025 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 318, 338, 115(2), 303(2) and 3(5) of the B.N.S..
3. As per prosecution case, complainant alleged that his eldest son, namely Maheshwar Prasad Singh, fraudulently executed a sale deed on 03.06.2024 in favour of Petitioner No. 1, who happens to be wife of co-accused Maheshwar Prasad Singh and daughter-in-law of the complainant, showing the
Patna High Court CR. MISC. No.73173 of 2025(2) dt.18-11-2025 2/3 complainant as dead. Petitioner No. 2 is witness and Petitioner No. 3 is identifier of the said sale deed.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioner No. 1 is none else than own daughter-in-law of complainant. From bare perusal of the complaint petition it is apparent that the dispute involved in the present case is purely civil in nature, relating to family property and partition, for which a partition suit is also pending before the learned Civil Judge, Hajipur vide Title Partition Suit No. 210 of 2023 and as such, no criminal offence is made out against these petitioners. Only with a view to settle the civil dispute, 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, relationship between the parties 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
Patna High Court CR. MISC. No.73173 of 2025(2) dt.18-11-2025 3/3 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 amount each to the satisfaction of learned A.C.J.M. XIV, Vaishali at Hajipur in connection with Complaint Case No. 1704 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T