The court grants anticipatory bail based on lack of sufficient grounds for arrest and arguments of wrongful implication.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hajipur Town P.S. Case no. 547 of 2025 instituted for the offence under Sections 318 , 338, 336(3), 340(2) and 61(2) of BNS .

3. As per allegation in the FIR, complainant is having ancestral property in his village Kheshrahi (khata no. 473, khesra no. 1173, area 1 acre 6 decimal, khesra no. 1169, area 1 acre 25 decimal and khesra no. 1172, area 3 acre 66 decimal in which they are having peaceful possession and ownership right. In his village, the circle rate of the land is fixed at Rs. 85,000/decimal and the market price is Rs. 2,22,222/- per decimal. It is alleged that accused persons including the petitioner conspired among themselves and brought into existence a fake sale deed dated 20.09.2024 without any consideration amount in respect of the above mentioned land of complainant’s grandfather. It is alleged that unknown person by impersonating himself as vendor sold the said land at the behest of his father Nathuni Miyan and Munni Devi and Sanjita Khatun and Naveen Kumar were identifier and witnesses of the alleged sale deed. The complainant’s grandfather was declared as Marhum (dead) though he is still alive. The sale deed was executed in favour of petitioner without any consideration amount either to the complainant or his father Nathuni Miyan. It is further alleged the accused persons including the petitioner have confined his father and he has no trace regarding the whereabouts of his father.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner a woman is innocent and has committed no offence as alleged in the FIR. She has falsely been implicated in the present case only because of the previous dispute going on between complainant and his father regarding partition of ancestral property. It is further submitted that petitioner is the bonafide purchaser of the alleged land after giving consideration amount and if any cheating committed in this case, she herself would be the sufferer. So, petitioner has no role in the alleged cheating as per allegation made in the FIR. Moreover, petitioner has no criminal antecedent and she is a lady.

5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Hajipur Town P.S. Case no. 547 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Vaishali at Hajipur subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(S. B. Pd. Singh, J)