Sundari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.498 of 2025 Arising Out of PS. Case No.-944 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Sundari Devi Wife of Chandeshwar Yadav @ Chandeshwar Prasad Resident of Village-Hadaspura, P.S.- Naubatpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal (S.Adv) :
Mr. Satish Chandra, Adv.
:
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr. Madhuri Lata For the informant :
Mr. Bhola Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Gandhi Maidan Police Station Case No. 944 of 2023, disclosing offences under Sections 467, 468, 379, 420, 120(B) of the Indian Penal Code.
3. As per the FIR, the petitioner along with other accused persons got the sale deed executed of around 60 katthas of land belonging to the informant forcibly and fraudulently by taking signature of the informant on various papers.
4. Learned senior counsel for the petitioner submits that the specific allegation is against one Lalit Mohan who allegedly called the informant and others for settlement of accounts and the informant along with her husband and younger
Patna High Court CR. MISC. No.498 of 2025(2) dt.10-02-2025 2/3 son went to the house of Dinesh Raj along with Lalit Mohan. The sale deed in question was executed and registered on 30.10.2023 before the Sub-Registrar, Patna, but after a lapse of 27 days, the present FIR has been lodged on 06.11.2023 alleging that the sale deed was executed fraudulently on the basis of signed papers of the informant by applying force upon her. The informant has also filed title suit bearing Title Suit No. 586 of 2023 for setting aside the sale deed on 21.12.2023 in which the petitioner is defendant. The petitioner is 68 years old woman and there is no likelihood that she will abscond or tamper with the evidence.
5. On the other hand, learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioner along with other accused persons got the sale deed of 60 katthas of land executed forcibly and by fraud and no consideration amount has been paid to the informant. He further submits that as per the sale deed, the consideration amount is Rs. 74,91,000/- but the petitioner and others are not in a position to show the mode of payment of the huge amount in favour of the informant.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of
Patna High Court CR. MISC. No.498 of 2025(2) dt.10-02-2025 3/3 allegation and the fact that there is 27 days delay in lodging the FIR and the informant has already filed title suit for setting aside the sale deed, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Sub-Divisional Judicial Magistrate, Patna, in connection with Gandhi Maidan Police Station Case No. 944 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T