Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court conditionally granted bail to the petitioners, subject to surrender within four weeks and furnishing of a bail bond with sureties.
Summary
The petitioners, Lalita Devi and Nitish Kumar, were named in an FIR for allegedly cheating an informant of Rs.3,51,000 under several offences of the Bhartiya Nyay Sanhita, 2023. The parties subsequently reached a settlement through mediation (Proceeding No. 1437 of 2025). The State, represented by an APP, opposed bail, while the petitioners sought release. The Court noted the mediation settlement and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, ordered that the petitioners be released on bail if they surrender within four weeks, subject to a bond of Rs.10,000 with two sureties. The order conditionally granted bail and directed compliance with the stipulated terms.
Issues considered
- Whether the mediation settlement between the parties warrants the grant of bail to the accused under the applicable criminal procedure provisions.
- Whether Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. empower the Court to conditionally release the accused pending trial.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 316(2), 318(4), 3(5), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- mediation settlement
- cheating
- criminal procedure
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16814 of 2025
Arising Out of PS. Case No.-276 Year-2024 Thana- WARISNAGAR District- Samastipur
======================================================
1. Lalita Devi W/O Late Kusheshwar Roy R/O Village- Bhadoghat, P.S-
Warisngar, Distt.- Samastipur.
2. Nitish Kumar S/O Late Kusheshwar Roy R/O Village- Bhadoghat, P.S-
Warisngar, Distt.- Samastipur.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Kumar Sinha, Advocate
For the State : Mr.Navin Kumar Pandey, APP
For the Informant : Mr.Vimal Kumar Mishra, Advocate
Mrs.Usha Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
8 15-01-2026 Heard learned counsel for the petitioners and learned APP
for the State duly assisted by learned counsel for the informant.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Warisnagar P.S. Case
No. 276 of 2024 registered for the offences punishable under
Sections 318(4), 316(2), 126(2), 115(2), 352, 351(3) & 3(5) of
the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioners is to cheat the
informant for a sum of Rs. 3,51,000/-, which was given to him
after supplying the raw materials in Ward No. 03 of Gram
Panchayat – Basantpur Ramni under Mukhya Mantri Saat Nischay
Yojana.
Patna High Court CR. MISC. No.16814 of 2025(8) dt.15-01-2026
2/2
4. It appears out of argument that the matter has already
settled between the parties through mediation proceeding No.
1437 of 2025 dated 09.01.2026 under the joint signature of
petitioners and opposite party no. 2 namely, Md. Iltaf Ansari in the
terms and conditions as stated in the memorandum of agreement
of mediation proceeding.
5. Mr. Navin Kumar Pandey, learned A.P.P. for the State is
present.
6. In view of the aforesaid fact as the matter appears
settled between the parties, accordingly, both above-named
petitioners, in the event of their arrest/surrender within a period of
four weeks from this order, are directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Samastipur/concerned court in
connection with Warisnagar P.S. Case No. 276 of 2024, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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