Patna High Court
Prachi KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Prachi Kumari, sought anticipatory bail in a criminal case (PS Gopalpur Case No. 138 of 2025) involving alleged offences under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that her husband, accused No.1, sold a family land and house to her, which the informant claimed as joint property, leading to a dispute over ownership. The petitioner explained that the sale was based on a family arrangement, and a partition suit (No. 391 of 2025) is pending in civil court between the parties. Considering the close familial relationship, the pending civil dispute, and lack of clear criminal intent, the court was inclined to grant anticipatory bail. The court ordered that if the petitioner is arrested within four weeks, she may be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the pending civil partition suit and family relationship affect the grant of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to condition the bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 118(2), 133, 305(b), 309, 320, 338, 340, 352, 353, 61(2), 79
Subjects
- anticipatory bail
- family property dispute
- partition suit
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2331 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- GOPALPUR District- West Champaran
======================================================
Prachi Kumari Wife of Nawendu Gautam @ Rahul Pandey R/O Village -
Sargatiya, P.S.- Gopalpur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 28-01-2026 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 Gopalpur Police Station Case No. 138 of 2025, dated
11.08.2025, disclosing offences punishable under
Sections 61(2)/79/118(2)/320/338/340/309/352/353/133/
305(b) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the accused no. 1, Nawendu Gautam @ Rahul
Pandey, husband of the petitioner, sold the land and
house, situated at Khata No. 597, Plot No. 4076, having
an area of 06 dhurs and 10 dhurkis on 18.09.2024, by
virtue of registered sale deed in favour of the petitioner.
The informant has claimed the land and house as the joint
Patna High Court CR. MISC. No.2331 of 2026(2) dt.28-01-2026
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property of the parties and jamabandi of the subject
land/house is running in the name of the informant's
mother.
4. Learned Counsel for the petitioner submits that the
accused no. 1 is the full brother of the informant and the
petitioner is the wife of accused no. 1. After the death of
the father of the informant, the informant got the service
as Teacher on compassionate ground and has been
residing in Sugauli. The husband of the petitioner
(accused no. 1) was taking care of his mother and made
all arrangement of marriage of his only sister, Niharika
Kumari, who has also been made accused in the present
case. As per the family arrangement, the mother of the
informant/accused no. 1 decided that the land and house
in question shall go to the accused no. 1 and accordingly,
the accused no. 1 executed sale deed in favour of his wife,
i.e. the petitioner. He next submits that the petitioner’s
husband has filed a partition suit before the Civil Court ,
bearing Partition Suit No. 391 of 2025, in which the
informant is one of the defendants.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
Patna High Court CR. MISC. No.2331 of 2026(2) dt.28-01-2026
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both the parties are closely related, there is dispute
regarding share in the joint property and a partition suit is
also pending between the parties, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of her 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
Judicial Magistrate, 1st Class, West Champaran, at
Bettiah, in connection with Gopalpur Police Station Case
No. 138 of 2025, 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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