Rinku Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75649 of 2025 Arising Out of PS. Case No.-297 Year-2025 Thana- CIVIL LINE District- Gaya ====================================================== Rinku Kumari D/o Sri Balmukund Singh R/o Mohalla- Magadh Colony Road No. 1A, P.S.- Chandauti, District- Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Vardhan, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP For the Informant :
Mr. Amaresh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2025 Heard Mr. Harsh Vardhan, learned counsel for the petitioner, Mr. Bharat Bhushan, learned Additional Public Prosecutor for the State and Mr. Amaresh Kumar, learned counsel for the Informant.
2. The petitioner is apprehending her arrest in connection with Civil Lines P.S. Case No. 297 of 2025, F.I.R. dated 03.07.2025 for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant alleged that the petitioner along with other co-accused persons conspired together and got registry of government land.
4. Learned counsel for the petitioner submits that
2/4 petitioner has clean antecedent and she has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Infact the petitioner has purchased the land in question after paying the consideration amount as mentioned in the deed dated 7845 dated 13.05.2024 and total consideration amount was Rs. 47,35,000/-(Rupees Forty Seven Lakh Thirty Five Thousand) and the registry office after due verification executed the sale deed in favour of the petitioner and petitioner has purchased the same from one Shri Basu Das. He further submits that the petitioner has no role at all in the present occurrence. She has purchased the land in question after the completing all the formalities in the registry office and the sale deed was executed on 13.05.2024 and the present FIR has been instituted on 03.07.2025 after delay of almost one year only to harass the petitioner.
5. The learned Additional Public Prosecutor and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner in connivance with one Basu Das has purchased the government land.
6. Considering the aforesaid facts and circumstances
3/4 and the fact that the petitioner has clean antecedent and she has purchased the land in question from one Basu Das after completing all the formalities in the registry office and it appears from Annexure-3 that Basu Das was the owner of the land in question and he has sold the land in question to the petitioner through sale deed dated 13.05.2024, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 learned A.C.J.M-V,Gaya in connection with Civil Lines P.S. Case No.
297 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii.
4/4 move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T