Patna High Court
Shaista Parween @ Saista PravinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, holding that the matter appears to be a family property dispute and does not constitute a serious criminal offence.
Summary
The petitioners, who are relatives of the complainant, applied for anticipatory bail in connection with a complaint alleging offences under Sections 352, 389, 420, 406, 503, 379 and 506 of the IPC relating to the alleged seizure and sale of trucks belonging to the complainant’s deceased husband. The petitioners argued that the matter is essentially a civil family property dispute and that the alleged assault is trivial, citing a prior complaint where they had been granted anticipatory bail. The State opposed bail, contending that the petitioners illegally sold the trucks and continued unlawful transport activities. The Court examined the nature of the allegations, noted the familial relationship and the likelihood of a property dispute, and concluded that the allegations do not clearly constitute a serious criminal offence. Consequently, the Court granted anticipatory bail to the petitioners subject to a bond and sureties, under Section 482(2) of the Cr.P.C.
Issues considered
- Whether the allegations in Complaint Case No. 233/2024 amount to cognizable offences warranting denial of anticipatory bail
- Whether the dispute is a civil family property matter disguised as a criminal case
- Whether anticipatory bail can be granted under Section 482(2) of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 352, 379, 389, 406, 420, 503, 506
Subjects
- anticipatory bail
- Criminal Procedure Code
- Indian Penal Code
- family property dispute
- civil dispute
- abuse of process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30252 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Shaista Parween @ Saista Pravin W/o Ansarul Haque @ Ansarul Haq
Resident of Mohalla- Ghora Mara, Veena Complex, Block No.- 1, 4D, P.S.-
Hathi Gaun, Distt.- Guwahati (Assam), At present vill - Mirdad, P.s.-
Biharsarif, Dist.- Nalanda
2. Suhail Alam @ Sohail Ahmad S/o Late Md. Isha R/o Mohalla - Erki, P.S.-
Jehanabad, Distt.- Jehanabad
3. Shamsher Alam @ Samsher Ahmad S/o Suhail Alam @ Sohail Ahmad R/o
Mohalla - Erki, P.S.- Jehanabad, Distt.- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amjadi Begum W/o Late Anjarul Haque R/o Mohalla - Mogalpura, Chhoti
Bazar, P.S.- Khajekala, Distt.- Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 35144 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Ansarul Haque @ Ansarul Haq S/o Late Anwarul Haque Resident of
Mohalla- Ghora Mara, Veena Complex, Block No.- 1, 4D, Police Station-
Hathi Gaun, Distt.- Guwahati (Assam) At present Vill.- Mirdad, P.S.-
Biharsarif, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amjadi Begum W/o Late Anjarul Haque R/o Mohalla- Mogalpura, Chhoti
Bazar, P.S.- Khajekala, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 30252 of 2025)
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Mr.Raj Ballabh Singh
(In CRIMINAL MISCELLANEOUS No. 35144 of 2025)
Patna High Court CR. MISC. No.30252 of 2025(8) dt.20-02-2026
2/5
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
8 20-02-2026 1. Heard the parties.
2. Since both these applications arise out of the same
Complaint Case No. 233 / 2024 as such both are taken up
together and are being disposed by this common order.
3. The petitioners are seeking anticipatory bail in connection
with Complaint Case No. 233 / 2024 dated 06.03.2024 in
which cognizance has been taken under Section 352, 389, 420,
406, 503 , 379, 506 of the I.P.C.
4. The petitioners are the brother-in-law, gotani, father of
sister- in- law and brother of sister-in-law of the complainant.
As per allegation made in the complaint the late husband of the
complainant was the owner of two trucks but he unfortunately
died on 20.05.2021. After the death of complainant’s husband,
the trucks were being plied by her brother-in-law Ansarul Haque
@ Ansarul Haq. The truck no. AS01FC-7586 & AS01FC-3886
belonging to the complainant’s husband were being plied in
Assam but the income arrived out of the trucks was not being
paid to the complainant. Truck No. AS01FC- 3886 was seized in
Assam in 2023 and is kept at Sukiya Police Station. It has
Patna High Court CR. MISC. No.30252 of 2025(8) dt.20-02-2026
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further been alleged that when the complainant demanded the
articles, property including the trucks, she was assaulted and
was threatened with dire consequences.
5. Learned counsel for the petitioners submits that when the
complainant’s husband was alive the petitioner -Ansarul Haque
@ Ansarul Haq used to do joint business with the complainant’s
husband. The truck bearing no. AS01FC-3886 was seized by the
Police and is kept in Police Station and another truck no.
AS01FC-7586 was sold on 06.06.2024 by the complainant.
Learned counsel next submits that from perusal of the allegation
made in the complaint no offence much less any criminal
offence is made out and civil dispute between family members
has been given the colour of criminality. The allegation of
assault is ornamental and is not serious in nature. No injury has
been produced by the complainant during course of S.A.
examination. It has also been submitted that the complainant
had earlier filed Complaint Case No. 1095(C) / 2023 which is
pending before the learned court of Ms. Pratima Kumari, J.M.
Patna City on similar allegation and when the petitioners were
granted anticipatory bail by the court below, the present
complaint has been filed in abuse of the process of the court.
6. On the other hand, learned counsel for opposite party no. 2
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vehemently opposed the prayer for bail and submits that after
the death of complainant’s husband the petitioners in
connivance sold one of the trucks and were doing illegal
business of transportation of cattle from another truck due to
which the same was seized by the Assam Police. It has further
been submitted that there were three trucks belonging to the
complainant’s husband but the petitioners’ side did not give any
amount out of plying of the trucks on hire basis and are also not
giving the property belonging to the complainant’s husband
after his death.
7. Regard being had to the submission made by the parties,
taking into consideration the nature of allegation made in the
complaint, the fact that there appears to be property dispute
between the family members, the complainant is the
sister-in-law of the petitioner / Ansarul Haque @ Ansarul Haq
and other family members have been made accused,
accordingly, I am inclined to grant anticipatory bail to the
petitioners.
8. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
Patna High Court CR. MISC. No.30252 of 2025(8) dt.20-02-2026
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with two sureties of the like amount each to the satisfaction of
Ms. Sunita Kumari, J.M., Patna City, Patna in connection with
Complaint Case No. 233 of 2024 subject to the condition as laid
down under Section 482 (2) of the Cr.P.C.
(Anil Kumar Sinha, J)
praful/-
U T
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