Bhikho Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72706 of 2025 Arising Out of PS. Case No.-688 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1 .
Bhikho Devi W/o Bullak Yadav @ Bulak Yadav R/o Mathar Tola, Rahimpur, Ward No. 09, Khagaria, P.S.- Khagaria, District- Khagaria 2.
Raja Ram Kumar S/o Bulak Yadav @ Bullak Yadav R/o Mathar Tola, Rahimpur, Ward No. 09, Khagaria, P.S.- Khagaria, District- Khagaria ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
Gopal Kumar S/o Sri Kedar Prasad Sharma R/o Walipur, P.S.- Pipariya, DistrictLakhisarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar , Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 338, 336(3), 340(2), 318(4), 316(2), 126(2), 115(2), 308(4), 352, 351(2) and 3(5) of B.N.S., 2023 .
3 . The prosecution case in brief, is that co-accused Raja Ram Kumar and Rahul Kumar by persuading the informant, took huge amount and got the different land executed through petitioner No. 1 Bhikho Devi in her favour. It is further alleged that on being found the land short, as per the agreement, the informant asked to return the remaining amount, but the
Patna High Court CR. MISC. No.72706 of 2025(2) dt.01-11-2025 2/3 same was refused. It is further alleged that when the informant went for mutation of land, then he came to know that the accused persons cheated her and got another land executed.
4. Learned counsel for petitioners contended that land in question was sold by petitioner No. 1 and the entire amount has been credited in the account of petitioner No. 1 who is said to have been executed the land in favour of informant. Petitioner No. 2 is son of petitioner No. 1 and has got no concern with the alleged occurrence . Moreover, the F.I.R. clearly suggest that the land was executed after payment of full consideration amount of Rs. 39,50,000/-. It is not the case that land was not executed after receiving payment. Dispute is of measurement of land. It is lastly contended that dispute is predominantly civil in nature . Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail petition .
6 Considering the aforesaid facts, clean antecedent of these petitioners, delay in lodging the F.I.R. and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.72706 of 2025(2) dt.01-11-2025 3/3 amount each to the satisfaction of the learned CJM Lakhisarai in connection with Lakhisarai P.S. Case No. 688 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . (Prabhat Kumar Singh, J) Koushik/- U T