Sumitra Devi @ Sumitara Devi @ Phoolvaso Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86392 of 2024 Arising Out of PS. Case No.-557 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Sumitra Devi @ Sumitara Devi @ Phoolvaso Devi W/o- Dashrath Bhagat @ Late Dashrath Bhagat Village- Randadih P.S-Shahpur District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Adv.

Ms. Priya Kumari, Adv.

Mr. Sumit Kumar, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP.r ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 420, 406, 34, 467, 468, 471 of the Indian Penal Code.

3. Allegedly, having conspiracy, co-accused Ravindra Nath Verma and his daughter-in-law, namely, Sushila Kunwar are said to have sold 15.62 decimals of the land in question belongs to the informant to this petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. She has falsely been implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.86392 of 2024(2) dt.17-12-2024 2/3 allegation levelled against the petitioner is totally false and based on concocted facts. From bare perusal of the FIR, it is evident that petitioner is an innocent purchaser of 15.62 decimals land in question and after getting the land mutated in her name, she is also paying the rent/tax over the land in question. She had no knowledge of any dispute between the informant and co-accused persons upon those lands in question. A title suit is also pending between the informant and coaccused Sushila Kunwar. Nothing specific has been attributed against the petitioner. She had no any active or passive role in the commission of the aforesaid crime. Learned counsel further submits that there is civil dispute between the parties and petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is civil dispute between the parties and petitioner is mere a purchaser of a piece of the land in question, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

Patna High Court CR. MISC. No.86392 of 2024(2) dt.17-12-2024 3/3 of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Shahpur P.S. Case No.557 of 2023, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023. (Anjani Kumar Sharan, J) divyanshi/- U T