Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the CrPC.
Summary
Petitioner Punam Devi, accused in a 2018 FIR for alleged offences including forgery, cheating and criminal conspiracy relating to a property dispute, sought anticipatory bail fearing arrest. She contended that she purchased the land from the complainant's son, had no criminal antecedent, and that the property was a joint one. The State opposed the bail, arguing the seriousness of the charges. The court noted that co‑accused had previously been granted anticipatory bail and, considering the facts, ordered that she be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in view of the allegations of offences under Sections 467, 468, 447, 386, 323, 120(B) and 34 of the IPC.
- Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- property dispute
- forgery
- IPC offences
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32920 of 2026
Arising Out of PS. Case No.-1309 Year-2018 Thana- BIHTA District- Patna
======================================================
Punam Devi Wife of Chandra Shekhar Vishwakarma Resident of Village-
Mohanpur Doghara, P.S.- Bihta, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushila Devi Wife of Late Sakaldeo Singh Resident of Village- Shree
Rampur, P.O. and P.S.- Bihta, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
Mr. Jyoti Prasad, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case in
connection with Bihta P.S. Case No. 1309 of 2018 registered for
the offences punishable under Sections 467, 468, 447, 386, 323,
120(B) and 34 of the I.P.C.
3. As per the allegation, F.I.R. has been lodged against
nine named accused persons including this petitioner against
whom there is allegation that by virtue of complaint,
complainant has lodged F.I.R. and made accused his elder son,
his wife and purchasers alleging that plot of the complainant has
been sold by his son to the petitioner.
Patna High Court CR. MISC. No.32920 of 2026(2) dt.13-05-2026
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4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has committed no offence. It
has further been submitted that the elder son of the complainant
has sold part of the property to the petitioner. It has further been
submitted that petitioner is purchaser and is innocent and
ignorant. Learned counsel for the petitioner has submitted that
the property in question is basically a joint property and out of
six katha ten dhurs of land, petitioner has purchased ten dhurs
and the same has been purchased by sale deed through the son
of the complainant/informant. It has further been submitted that
petitioner is herself victim of circumstances. It has further been
submitted that similarly situated co-accused persons Suryakant
Verma and Bhupendra Verma have been granted the privilege of
anticipatory bail by the Co-ordinate Bench of this court vide
order dated 08.04.2026 passed in Cr. Misc. No. 21906 of 2026.
It has lastly been submitted that petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of her
Patna High Court CR. MISC. No.32920 of 2026(2) dt.13-05-2026
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arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Danapur in connection with Bihta P.S. Case No. 1309 of 2018,
subject to conditions as laid down under Section 438(2) of the
Cr.P.C.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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