Patna High Court
Babita Devi @ Babita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Babita Devi, sought anticipatory bail fearing arrest in a criminal complaint (Muzaffarpur Case No. 486 of 2016) alleging offences under IPC sections 420, 467, 468, 471, 323/34 related to the alleged sale of family property. A civil suit between the parties was also pending. The petitioner claimed innocence and that the allegations were false. The State opposed the bail. The High Court, noting the family context and the pending civil suit, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, emphasizing that the order was prima facie and not a determination on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the pending criminal complaint.
- Whether the family dispute and concurrent civil suit affect the grant of anticipatory bail.
- Applicability of Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to the bail application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- family dispute
- property sale
- IPC offences
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- civil suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28829 of 2026
Arising Out of PS. Case No.-486 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Babita Devi @ Babita Kumari Wife of Arvind Kumar Singh @ Arvind Singh
Resident of Village - Gurmia, P.S.- Karthan (Lalganj), District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Arvind Kumar Singh @ Arvind Singh Son of Late Kashinath Singh Resident
of Village Pokhraira, P.S.- Saraiya (Jaitpur O.P.), District - Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitu Kumari, Adv.
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Muzaffarpur Complaint Case No. 486 of 2016
registered for the offences punishable under Sections 420, 467,
468, 471, 323/34 of the Indian Penal Code.
3. A person has filed case against his wife and
daughter with the allegation that they have sold the family
property. A suit is also going on between the parties.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.28829 of 2026(3) dt.13-05-2026
2/2
the prayer for anticipatory bail of the petitioner.
6. Considering that the issue relates to family as well
as filing of a civil suit, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 the learned J.M. 1st Class Court No. 2,
Muzaffarpur (West) in connection with Muzaffarpur Complaint
Case No. 486 of 2016, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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