IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40 of 2025 Arising Out of PS. Case No.-565 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== 1. Renu Devi Wife of Sunil Prasad Resident of Village- Sahilpatti, P.S.- Basantpur, District- Siwan 2. Sarita Devi Wife of Anil Prasad Resident of Village- Sahilpatti, P.S.- Basantpur, District- Siwan 3. Sunil Prasad Son of Rajendra Prasad Resident of Village- Sahilpatti, P.S.- Basantpur, District- Siwan 4. Anil Prasad Son of Rajendra Prasad Resident of Village- Sahilpatti, P.S.- Basantpur, District- Siwan 5. Yogendra Ray Son of Late Daroga Ray Resident of Village- Sahilpatti, P.S.- Basantpur, District- Siwan 6. Merazuddin Ansari Son of Md. Fajal Ansari Resident of Village- Sahilpatti, P.S.- Basantpur, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Harish Kumar, Adv. For the State : Mr. Mukesh Kumar Singh, APP For the Informant : Mr. Ashok Kumar Verma, Adv. Mr. Ram Chandra Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 04-02-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for informant. 2. The petitioners, apprehending their arrest in Basantpur P.S. Case No. 565/2024, registered for the offences punishable under Sections 318(4), 336(3), 61(2) of Bhartiya Nyaya Sanhita, have prayed for grant of anticipatory bail. 3. It is alleged that co-accused Rajendra Prasad has sold the land of informant, which was bought by informant’s Patna High Court CR. MISC. No.40 of 2025(2) dt.04-02-2025 2/3 grand-father, bearing Khata No. 92, Survey No. 959, Area 1 katha 5 dhurs to his two daughters-in-law through a registered sale-deed on 30.08.2024. 4. Learned counsel for the petitioners submits that petitioner nos. 1 & 2 are daughters-in-law of co-accused Rajendra Prasad, petitioner nos. 3 & 4 are their husbands and petitioner nos. 5 & 6 are witnesses to the alleged sale-deed respectively. As a matter of fact, Dr. Ramta Prasad (informant’s grand-father) and co-accused Rajendra Prasad had purchased certain land measuring 2 kathas & 10 dhurs in the year 1947 and both of them got their respective share of 1.5 dhurs land and co- accused Rajendra Prasad transferred his own share of land measuring 1.5 dhurs to his daughters-in-law (petitioner nos. 1 & 2) and said land was always in his peaceful possession, but only with a view to malafide intention to grab the share, this false and concocted case has been lodged. Learned counsel for the petitioners further submits that with regard to same piece of land, petitioner nos. 1 & 2 have also filed a title suit, vide Title Suit No. 2019 of 2024, in which informant is one of the defendants (copy of title suit is annexed with this petition as Annexure P/4). Moreover, the dispute is purely of civil nature and none of the acts allegedly committed by the petitioners give rise to any criminal liability. Petitioners claim clean antecedent. Patna High Court CR. MISC. No.40 of 2025(2) dt.04-02-2025 3/3 5. Learned counsel for the informant/opposite party no. 2 vehemently opposes the prayer for anticipatory bail and submits that the land in question belong to informant and he is in possession of the land and Jamabandi has also been created in the name of informant. He further submits that aforesaid title suit has been filed only after dismissal of anticipatory bail of petitioners and as such, petitioners do not deserve privilege of anticipatory bail. 6. However, considering the fact that dispute is civil in nature and petitioners have got clean antecedent, the prayer for anticipatory bail is allowed. 7. 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-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Siwan in connection with Basantpur P.S. Case No. 565 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. anay (Prabhat Kumar Singh, J) U T