CR. MISC./24723/2026 of Asha Devi Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24723 of 2026 Arising Out of PS. Case No.-145 Year-2025 Thana- PHULWARIYA District- Gopalganj ====================================================== Asha Devi W/o- Late Prithvi Singh Village- Bhawani Chapar, PO- Koyaladeva, P.S.-Fulwariya, Dist- Gopalganj at present Resident of 184/1, 2nd Floor, Mahipalpur, Extention South West Delhi, ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarva Deo Singh, Advocate For the Opposite Party/s: Mr. Uday Chand Prasad, APP : Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 16-04-2026 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned APP for the State. 2. The petitioner apprehends her arrest in connection with Phulwariya P.S. Case No. 145 of 2025, for allegedly having committed offence under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the BNS. 3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that one bigha, five kattha, five dhur of land was under his possession. However, the same has been sold by the petitioner in favour of one Laxmi Devi by committing forgery. Patna High Court CR. MISC. No.24723 of 2026(2) dt.16-04-2026 2/3 4. The learned counsel for the petitioner submits that the petitioner is innocent and the true fact is, that the husband of the petitioner died in 2019 due to some incurable disease and during said period, some heavy amount of loan was on the head of this petitioner, therefore, to repay the loan, she has executed the sale deed, since the said land is in her share. Further, the informant has also filed a title suit bearing Title Suit No. 151 of 2024, wherein the petitioner is defendant no.22 and in the said title suit, the sale deed executed by the petitioner is under challenge. The petitioner has got clean antecedent. 5. The learned counsel for the informant submits that the petitioner has illegally sold the land, which belongs to the informant, although she was not entitled to sell the land. He further submits that a title suit has been filed by the informant bearing Title Suit No. 151 of 2024. 6. Having heard the rival submissions and after going through the record, it appears that although a title suit has been filed by the informant for cancellation of the sale deed executed by the petitioner and the same is pending before the concerned Court, but to put pressure upon the petitioner, the present first information report has been lodged. Considering the above, let the petitioner, above named, in the event of arrest Patna High Court CR. MISC. No.24723 of 2026(2) dt.16-04-2026 3/3 or surrender within a period of six 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 the learned Additional Chief Judicial Magistrate XVI, Gopalganj in connection with Phulwariya P.S. Case No. 145 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition: (1) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. AjayMishra/- (Ritesh Kumar, J) U T