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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

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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