Birendra Kumar @ Birendra Kumar Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86828 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Birendra Kumar @ Birendra Kumar Malakar Son of Late Ganesh Mali Resident of Village - Amawan, P.S. - Rajauli, District - Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP For the Informant :

Mr. Kshem Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and learned App representing the State as also learned counsel representing the informant.

2. The petitioner is an accused in connection with Rajauli P.S. Case No. 216 of 2024 for the offence punishable under Sections 467, 468 and 120(B) of the Indian Penal Code, lodged on 09.05.2024 by the informant Neha Singh.

3. As per the prosecution story, the informant alleged that in the year 2020, the petitioner alongwith Pramila Devi came to her house and demanded some amount for their daughter's marriage. They received the amount and again demanded which was paid on stamp paper. Subsequently, a sale deed was executed in favour of Mrs. Neha Singh (informant)

Patna High Court CR. MISC. No.86828 of 2024(4) dt.11-07-2025 2/3 whereafter it was mutated by Mutation Case No. 129 of 202223. The allegation is that now they keep threatening the lady and her old mother-in-law whenever they visit the land in question and also threatened them not to construct anything on the said land. This followed the F.I.R.

4. Earlier when the learned counsel on the instruction of the petitioner showed positive attitude, the matter was sent to the Mediation Centre with the consent of the informant.

5. As per the report dated 04.04.2025 by the Mediator, it failed.

6. Learned counsel for the petitioner submits that the land stands executed, if they will have any problem, they can be only taking civil route and shall not indulge in any criminal activity.

7. Learned counsel representing the informant submits that the lady alongwith her old mother-in-law are the only ladies present in the house as the husband is in the Indian Army. They are always in the fear of the criminal activities of the petitioner.

8. On instruction, learned counsel for the petitioner submits that they shall rest assure that no such activity shall take place.

Patna High Court CR. MISC. No.86828 of 2024(4) dt.11-07-2025 3/3

9. Accepting the words of the petitioner that he shall not disturb the lady/mother-in-law of the informant in any way either in her house or on the land in question, the provisional bail granted to the petitioner on 25.02.2025 stands confirmed. It goes without saying that if the lady/informant has any threat, she can always approach the Rajauli Police Station who shall be taking the appropriate steps in accordance with law.

10. The petition stands disposed of.

(Rajiv Roy, J) vinayak/- U T