Patna High Court
Ram Maya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the matter is essentially a civil dispute and therefore granted bail to the petitioner.
Summary
Ram Maya Devi was named in a criminal complaint (CR No. 894/2022) alleging offences under IPC sections 323, 504, 420, 467, 468 and 471, arising from a dispute over cultivation of a field. The petitioner’s husband allegedly assaulted the complainant when the latter tried to cultivate the land. The petitioner’s counsel argued that the matter is essentially a civil land dispute, noting a pending title suit (No. 528/2022) and contending that the criminal charges, especially cheating, are unwarranted. The court accepted that the dispute is primarily civil in nature and, consequently, granted bail to the petitioner subject to a bond and sureties, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS. The order directs release on bail while the criminal case remains pending.
Issues considered
- Whether the criminal complaint is maintainable when the underlying dispute is civil in nature
- Whether bail should be granted to the petitioner pending resolution of the civil suit
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 420, 467, 468, 471, 504
Subjects
- bail
- civil dispute
- land dispute
- criminal complaint
- IPC
- Cr.P.C.
- BNSS
- title suit
- pending suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34735 of 2025
Arising Out of PS. Case No.-894 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Ram Maya Devi W/o- Kailash Jha Resident of Village- Mustafapur Post-
Mohammadpur Sakra PS-Bibhutipur District-Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hare Ram Jha S/o- Late Babu Saheb Jha Village- Mustaffapur W.No-5, Ps-
Bibhutipur Dist- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhoy Kumar Kashyap
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 15-01-2026 Heard the parties.
2. The petitioner is named in the complaint
petition and apprehending her arrest in connection
with Complaint Case C.R. No. 894 of 2022
registered for the offences punishable under
Sections 323, 504, 420, 467, 468 and 471 of the
Indian Penal Code.
3. As per complaint, the husband of
petitioner stopped complainant and others from
cultivating the field between 22.05.2001 and
17.11.2022 and when on the last occasion he
protested to cultivate the field he was assaulted by
husband of petitioner and others.
Patna High Court CR. MISC. No.34735 of 2025(7) dt.15-01-2026
2/3
4. It is submitted by learned counsel
appearing on behalf of the petitioner that
allegation is nowhere suggesting that it is a case of
cheating, rather it suggests that it is a case of civil
dispute arising out of land issue and therefore
reasons present criminal complaint is completely
un-occasioned and unwarranted. It is also
submitted that to settle aforesaid civil dispute a
Title Suit No. 528/2022 is pending before the court
of learned Sub-Judge 1, Rosera, Samastipur. While
concluding argument, it is submitted that
petitioner is a lady of clean antecedent.
5. Learned APP duly assisted by learned
counsel for the informant while opposing the
prayer of bail could not disputed aforesaid
submission qua land dispute as advanced by
learned counsel for the petitioner.
6. In view of aforesaid factual submission
and by taking note of fact as dispute primarily
appears civil in nature arising out of land dispute
for which a title suit as mentioned aforesaid is
pending between the parties, accordingly
Patna High Court CR. MISC. No.34735 of 2025(7) dt.15-01-2026
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petitioner above-named, in the event of her arrest
or surrender before the court below within a period
of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount
each to the satisfaction of the learned A.C.J.M. 1 st
Rosera/concerned Court, where the case is pending
in connection with Complaint Case C.R. No. 894 of
2022, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/ Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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