Musmaat Bhabhuka Devi @ Girja Devi @ Bhabhuni DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64655 of 2025
                  Arising Out of PS. Case No.-816 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
                                                District- West Champaran
                 ======================================================
                 Musmaat Bhabhuka Devi @ Girja Devi @ Bhabhuni Devi W/O Late Bangur
                 Sah @ Late Nagina Sah Resident of Vill.- Tajpur Siswa, P.S.- Vangaha, Dist-
                 West Champaran

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Ajay Kumar Sah S/O Rudal Sah R/O Vill.- Bishunpurwa, P.S.- Gaunaha,
                 Dist.- West Cjhamparan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Sanjeev Kumar, Adv.
                 For the Opposite Party/s :   Mr. Kumar Veerendra Narayan, App.
                 For the O.P. No. 2       :   Mr. Avinash Raj, Adv.
                                          :   Mr. Sachida Nand Rai, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   24-02-2026                     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 Complaint Case No. 816 of 2023, disclosing

                   offences under Sections 467 and 468 of the Indian Penal Code.

                                   3. As per the allegations made in the complaint,

                   Rajeshwar Sah intended to purchase the complainant's land,

                   however, the complainant did not agree to sell the same.

                   Thereafter, Rajeshwar Sah, along with co-accused Hirdaya Sah,

                   allegedly procured an Aadhaar Card in the name of petitioner

                   with the intention of falsely projecting her as a family member
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          of the complainant. It is further alleged that on the basis of a

          forged and fabricated genealogical table, the land belonging to

          the complainant was fraudulently sold. Relying upon the

          aforesaid forged documents, petitioner executed a sale deed in

          favour of the Rajeshwar Sah and other co-accused persons.

                          4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in this case due to

          previous land dispute between petitioner and the informant. It is

          contended that petitioner and the informant belong to the same

          family and the informant, being a greedy person, had denied her

          legitimate share in the ancestral property. Consequently,

          petitioner filed a petition before the Gram Panchayat, Siswa on

          12.09.2016. After issuance of notice, the informant appeared

          and upon hearing the parties, the Sarpanch recorded statements

          of villagers on 30.10.2014 and found that the informant had

          forcibly deprived the petitioner of her share. It is further

          submitted that petitioner thereafter sold two kathas of land in

          favour of one Rajeshwar Sah in the year 2021. Learned counsel

          further submits that on similar allegations, the informant had

          earlier lodged Gaunaha P.S. Case No. 225 of 2022 under

          Sections 420, 406 and 34 of the IPC against the petitioner. In the

          said case, a Co-ordinate Bench of this Hon'ble Court has granted
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          anticipatory bail to the petitioner vide order dated 03.07.2024

          passed in Cr. Misc. No. 40696 of 2024. It is thus submitted that

          the informant has filed two simultaneous criminal cases on the

          same set of allegations, one by way of FIR, in which the

          petitioner has already been granted anticipatory bail and the

          other by filing the present complaint case, in which the

          petitioner is again seeking anticipatory bail.

                          5. On the other hand learned counsel for the

          informant vehemently opposed the prayer for anticipatory bail

          and submits that the petitioner is having criminal antecedents

          and it is the petitioner's modus operandi to prepare forged and

          fabricated documents and on the basis thereof, grab the land of

          complainant.

                          6. Considering the submissions made by the parties

          and the fact that on similar allegations two criminal cases have

          been filed, one by way of an FIR and the other by filing a

          complaint and in the FIR lodged by the informant (O.P. No. 2)

          the petitioner has already been granted anticipatory bail by a

          Co-ordinate Bench of this Hon'ble Court, accordingly, 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
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                     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 Judicial Magistrate-1st Class,

                     Bettiah, West Champaran, in connection with Complaint Case

                     No. 816 of 2023, subject to the condition laid down under

                     Section 438 (2) of the Code of Criminal Procedure/Section

                     482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T