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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners under Section 438(2) of the CrPC, subject to bail bond and surety conditions.

Summary

The petitioners, Kiran Devi and Ashok Paswan, sought anticipatory bail in a complaint registered under Sections 406 and 420 IPC relating to an alleged fraudulent sale deed of land. They claimed to have clean antecedents and argued that the complainant had executed the sale deed after receiving the full consideration of Rs.1,95,000, but later filed the complaint to coerce them, asserting false implication. The State opposed the bail, contending the seriousness of the offences. The Court examined the petitioners' claim of false implication and the conditions for anticipatory bail under Section 438(2) of the Criminal Procedure Code. Considering the submissions, the Court ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to the usual conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438(2) CrPC in a case involving alleged offences under Sections 406 and 420 IPC.
  • Whether the petitioners have been falsely implicated and thus merit relief from arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC 406
  • IPC 420
  • false implication
  • bail bond
  • criminal complaint

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37073 of 2026
                     Arising Out of PS. Case No.-1269 Year-2017 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
           1.     Kiran Devi W/o Ashok Paswan R/o Village- Chak Chameli, PS- Hajipur
                  Sadar, Distt.- Vaishali
           2.    Ashok Paswan S/o Late Rodhan Paswan R/o Village- Chak Chameli, PS-
                 Hajipur Sadar, Distt.- Vaishali

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Vasant Vikas
                 For the Opposite Party/s :     Mr. Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 406, 420

                   of the Indian Penal Code.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.1

                   is a woman and the complainant alleges that the accused persons

                   got the sale deed executed with respect to her land in favour of

                   petitioner no.1 after giving an amount of Rs. 25,000/- when the

                   consideration fixed for the land was Rs.1,95,000/-.

                                4. Learned counsel appearing on behalf of the
             Patna High Court CR. MISC. No.37073 of 2026(2) dt.17-06-2026
                                                         2/2




                       petitioners submits that petitioners have been falsely implicated

                       in the instant case by the complainant. It is next submitted that

                       complainant after executing the sale deed instituted the instant

                       complaint case with an intent to coerce the petitioners into

                       submission. It is also submitted that the sale deed is executed

                       only after the entire consideration is received.

                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioners.

                                    6. Considering the submissions made by the learned

                       counsel for the petitioners, the petitioners above-named, in the

                       event of their arrest or surrender within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

                       sureties of the like amount each to the satisfaction of learned

                       trial court where the case is pending/successor court in

                       connection with Complaint Case No.1269 of 2017, subject to

                       the conditions as laid down under Section 438 (2) of the Cr.P.C.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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