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2026 DAILYLAW 31704 (PAT)

Nibha Kumari @ Wibha Devi v. The State of Bihar

CR. MISC./5897/2026 · 2026-02-04

Ramesh Chand Malviya

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5897 of 2026 Arising Out of PS. Case No.-223 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== 1. Nibha Kumari @ Wibha Devi Wife of Chuman Kumar Ray Resident of village- and Post- Sultanpur,Ps- Desari, Dist- Vaishali 2. Munni Ray son of Kamal Ray Resident of village- and Post- Sultanpur,Ps- Desari, Dist- Vaishali 3. Ranjeet Kumar @ Rejeet Kumar Ray son of Bigan Ray Resident of village- and Post- Sultanpur,Ps- Desari, Dist- Vaishali 4. Rajesh Kumar Ray son of Anil Ray Resident of village- Ganiyari, Ps- Desari, Dist- Vaishali 5. Asha Devi @ Asha Devi Ray Wife of Anil Ray Resident of village- Ganiyari, Ps- Desari, Dist- Vaishali ... ... Petitioner/s Versus 1. The State of Bihar bihar 2. Arun Mahto son of Late Shivjee Mahto Resident of village- and Post- Sultanpur,Ps- Desari, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 04-02-2026 Heard learned counsel for the petitioners and the learned APP for the State. 2. Petitioner apprehends their arrest in a case registered for the offences punishable under sections 419, 420, 467, 468 471, 472, 34 of the Indian Penal Code. 3. The case of the prosecution is that the land belonging to the informant was fraudulently sold off by one Patna High Court CR. MISC. No.5897 of 2026(2) dt.04-02-2026 2/3 Binod Mahto to the Raghubansh Ray and after coming to know of the same on 04.06.2024 and finding the same from the registry office, the informant filed the present case. 4. Learned counsel for the petitioners submits that it is a case of land dispute between the parties. It is next submitted that the petitioners have got no criminal antecedent. One of the co-accused has already granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 06.08.2025 in Cr. Misc. No. 5190 of 2025. 5. Learned counsel for the State however, opposes the anticipatory bail of the present petitioners. 6. Considering the rival contentions and also taking into consideration that fact that there is a civil dispute going on between the parties and one of the co- accused has already granted anticipatory bail by the Co- ordinate Bench of this Court vide order dated 06.08.2025 in Cr. Misc. No. 5190 of 2025 , let the above named petitioners be released on bail in the event of their arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to Patna High Court CR. MISC. No.5897 of 2026(2) dt.04-02-2026 3/3 the satisfaction of learned Judicial Magistratre, 1st Class, Hajipur in connection with Mahnar P.S.Case No. 223 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C. Mayank/- (Ramesh Chand Malviya, J) U T