IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62258 of 2024 Arising Out of PS. Case No.-440 Year-2023 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== 1. Radha Devi Wife Of Nawal Kishore Singh Resident Of Gadhi Mohanpur, P.S. -Shambhuganj, District - Banka 2. Sushila @ Sushila Devi Wife Of Brijnandan Prasad Singh Resident Of Mohalla - Saraiya, P.S. - Sakra, District - Muzaffarpur ... ... Petitioner/s Versus 1. The state of bihar 2. Lal bahadur singh son of late ramvilash singh resident of mohalla - basudeopur (patwan), p.s. - kotwali, district - munger ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 5 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Complaint Case No. 440 of 2023 for the offence under Sections 419, 420, 467, 468 and 34 of the I.P.C. 3. As per the prosecution story, the informant has alleged that the petitioner has ancestral land bearing Khata No. 27 Khesra No. 357 area 5.75 Decimal. Jamabandi no. 126 is running in the name of his father. Current rent receipt has been issued in his name till 2022-2023 and the said land is in his possession. The said land has been allotted in the share of father of the complainant after family partition. The accused persons Patna High Court CR. MISC. No.62258 of 2024(5) dt.19-03-2025 2/3 have created a forged document bearing Kewala No. 601 dated 09.05.2018. The said fact came in the knowledge of the complainant on 20.11.2022 in the land dispute meet up at Police Station. 4. Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case with ulterior motive. The petitioner no. 1 is vendee and petitioner no. 2 is vendor of the land in question. The petitioner no. 2 has sold the land bearing Khata No. 27 Khesra No. 357 area 5.468 Decimal from Jamabandi No. 123 but not from the Jamabandi No. 127 as alleged by the complainant. The land in question is ancestral property of the husband of petitioner no. 2 namely Prabhu Dayal Singh, he died leaving behind his two daughters namely Sushila Devi and Asha Devi. Rent receipt is being issued in the name of said Prabhu Dayal Singh under Jamabandi No. 123. Learned counsel further submits that the petitioner admits the registered sale deed executed by Sushila Devi (petitioner no. 2) in favour of petitioner no. 1 regarding the land mentioned in the complaint petition. 5. Learned APP and learned counsel appearing on behalf of the informant has vehemently opposes the prayer for bail. Patna High Court CR. MISC. No.62258 of 2024(5) dt.19-03-2025 3/3 6. Learned counsel for the petitioner annexed three documents i.e. Annexure 2, 3 and 4 which show that Jamabandi is going on in favour of father of Sushila Devi and subsequently, Sushila Devi and her sisters both have executed sale deed half and half in the said land so this is a bona fide land dispute and the civil suit is going on which is filed by the complainant against the vendor and vendee of this case. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger , in connection with Complaint Case No. 440 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Ankit Kumar/- (S. B. Pd. Singh, J) U T