Patna High Court
Maya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court allowed the application for anticipatory bail, granting the petitioners relief subject to bond and surety conditions.
Summary
The petitioners, Maya Devi, Prabhunath Rai and Tejnarayan Singh, applied for anticipatory bail in a case alleging they fraudulently acquired land by forging a deed of gift purportedly executed by the husband of the informant, Suga Devi, after his death. The informant, the second wife of the deceased, claimed the deed was forged and that the petitioners manipulated documents to grab the land. The petitioners argued they were innocent, highlighted inconsistencies in the death dates presented by the informant, and asserted that the allegations rested solely on documentary evidence. The State opposed bail, emphasizing the seriousness of the offences under Sections 323, 341, 420, 419, 467, 471 and 120‑B of the IPC. The Court, noting that custodial interrogation was not necessary and that the allegations were based on documents, exercised its inherent power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail with a bond and sureties condition.
Issues considered
- Whether anticipatory bail should be granted to the accused in a case involving alleged forgery, fraud and other offences under the IPC.
- Whether the allegations based on documentary evidence justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120-B, 323, 341, 419, 420, 467, 471
Subjects
- anticipatory bail
- forgery
- land fraud
- Indian Penal Code
- Section 482
- criminal procedure
- death certificate discrepancy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12701 of 2026
Arising Out of PS. Case No.-13 Year-2024 Thana- TARAIYA District- Saran
======================================================
1. Maya Devi W/o- Tejnarayan Singh R/O Vill- Gavandri PS- Taraiya Distt-
Saran
2. Prabhunath Rai S/o- Deolal Rai R/O Vill- Gavandri PS-Taraiya Distt- Saran
3. Tejnarayan Singh S/o- Late Kishundeo Singh R/O Vill- Gavandri PS-Taraiya
Distt- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suga Devi W/o- Late Kishundeo Singh R/O Vill- Gavandri PS-Taraiya Distt-
Saran, P/A- Khaira Khananpur Ps- Khaira Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Harshvardhan
For the State : Mr.Bhanu Pratap Singh
For the O. P. No. 2 : Mr. Krishna Kumar Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners, learned
Counsel for the Opposite Party No. 2-informant and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Taraiya Police Station Case No. 13 of 2024, dated
06.01.2024, registered on the basis of Complaint Case
No. 3293 of 2023, disclosing offences punishable under
Sections 323/341/420/419/467/471/120-B of the Indian
Penal Code.
3. The prosecution case, as per the complaint -cum- First
Patna High Court CR. MISC. No.12701 of 2026(2) dt.25-03-2026
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Information Report, is that the husband of the informant
was posted in the Railways as a Driver in Madhya
Pradesh and due to his bad health, he had taken V. R. S.
from the job and started residing in the village. It has been
alleged that the husbands of the informant had purchased
a piece of land in the year 1963, which has fraudulently
been grabbed by the accused persons, including the
petitioner, on the basis of a forged deed of gift, allegedly
executed by the husband of the informant on 14.07.1997
in favour of the accused persons, though the husband of
the petitioner died on 27.06.1997.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case. He further submits that the informant is the
second wife of the deceased and she has filed the present
case against the children of first wife of the deceased. He
further submits that the Opposite Party No. 2 has filed an
application for family pension and in serial no. 4 of the
said application, the Opposite Party No. 2 has mentioned
the date of death of her husband as 17.08.1997 (Annexure
P/2). Annexure P/3 is an affidavit duly sworn in by the
Opposite Party No. 2 herself, which also shows that the
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date of death of her husband is 17.08.1997. Annexure P/4
is a report of Circle Officer, Taraiya, based on the death
certificate no. 101617, dated 31.08.1997, which also
shows that the date of death of the husband of the
Opposite Party No. 2 was 17.08.1997. He further submits
that the informant-Opposite Party No. 2 has based her
claim of commission of fraud and forgery on the basis of
death certificate no. 10161, dated 31.06.1997, of the
husband of the informant, but there is only thirty days in
the month of June.
5. On the other hand, learned Counsel for the Opposite Party
No. 2 opposes the prayer for bail and submits that the
accused persons, after manipulating the documents, has
fraudulently grabbed the land on the basis of forged deed
of gift executed by the informant’s husband on
14.07.1997, though the husband of the petitioner died
much prior on 27.06.1997.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the allegation against the petitioner is based upon
documents and custodial interrogation of the petitioners
may not be required, I am inclined to grant the petitioners
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privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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
Chief Judicial Magistrate, Saran, at Chapra, in connection
with Taraiya Police Station Case No. 13 of 2024, subject
to the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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