Prema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2064 of 2025 Arising Out of PS. Case No.-47 Year-2020 Thana- COMPLAINT CASE - BARH DistrictPatna ====================================================== 1.
Prema Devi W/O Anil Singh Resident of Village- Sultanpur, P.S- Mokama, District- Patna 2.
Sunil Singh S/O Late Siya Singh Resident of Village- Sultanpur, P.SMokama, District- Patna 3.
Roushan Kumar S/O Late Siya Singh Resident of Village- Sultanpur, P.SMokama, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arvind Kumar Sharma S/O Late Rajendra Prasad Sharma R/O VillageSultanpur, P.S- Mokama, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rishi Kesh, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 120(B), 193, 420, 423, 465, 468 of the Indian Penal Code and Section 82 of I.R. Act.
3. The complainant alleges that co-accused Anil Singh, his wife Prema Devi (petitioner no. 1) and others fraudulently got registered the land of complainant in the name of petitioner no.1 Prema Devi. He further alleged that though
Patna High Court CR. MISC. No.2064 of 2025(5) dt.09-07-2025 2/3 the land in question is still in possession of complainant, but the accused persons are forcibly harvesting the crops on the land in question. The complainant lastly alleged that he has filed a civil suit for cancellation of fake registry.
4. Learned counsel for the petitioners submits that dispute involved in the present petition is purely civil in nature, for which, the complainant has already filed a title suit, bearing Title Suit No. 143 of 2018, which is pending in Civil Court, Barh, Patna. He further submits that petitioner no. 1 Prema Devi has purchased the land in question on payment of Rs. 1,06,000/- from Ramanuj Sharma and after purchase of the same, petitioner no. 1 came in possession of land and thereafter, jamabandi has also been created in her favour. Present case has been filed only with a view to settle civil dispute and claim.
5. Learned counsel for the informant and State vehemently opposed the prayer for anticipatory bail.
6. Considering the fact that dispute is purely of civil nature and the fact that complainant has already filed a title suit for cancellation of said registration of land, in the event of arrest/surrender before the Court below within 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)
Patna High Court CR. MISC. No.2064 of 2025(5) dt.09-07-2025 3/3 each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh (Patna) in connection with Complaint Case No. 47 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T