Patna High Court
Chanchala KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is not granted; the application is dismissed.
Summary
The petitioner, Chanchala Kumari, wife of Kumar Nagendra, applied for anticipatory bail after being implicated in a cheating case involving Rs 2.41 crore alleged mis‑transfer of a house to the informant. The offence is alleged under IPC sections 406, 420, 465, 468 and 471. The petitioner argued she is innocent, that the main accusation is against her husband and that the sale deed should have been executed by her alone. The State opposed the bail, contending the allegations are serious and the petitioner has not surrendered. The Court declined to grant anticipatory bail, recalled the interim protection previously ordered, and directed the police to arrest the petitioner and her husband if they do not surrender within a week. The application was consequently disposed of.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under Sections 406, 420, 465, 468 and 471 of the IPC.
- Whether the interim protection previously granted should continue.
- Whether the petitioner must surrender to the court within the stipulated time.
Legislation cited
- Indian Penal Code — s. 406, 420, 465, 468, 471
Subjects
- anticipatory bail
- cheating
- IPC sections 406 420 465 468 471
- criminal procedure
- police arrest
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40153 of 2025
Arising Out of PS. Case No.-152 Year-2022 Thana- AGAMKUAN District- Patna
======================================================
Chanchala Kumari W/o Kumar Nagendra @ Nagendra Kumar Resident of
vill - Rammurti Nagar, P.O. and P.S- Hilsa, Distt.- Nalanda, At present R/o
vill - Akair, Nalanda, P.s.- Nagar Nausa, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rashmi Narayan W/o Ram Narayan R/o Hanuman Nagar, House No. K/120,
P.S. - Patrakar Nagar, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Dilbar Krishna, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
For the Informant : Mr. Indrajit Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 24-02-2026 Heard the learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Agamkuan P.S. Case No. 152 of 2022, registered for the
offence under Sections 406/420/465/468/471 of the Indian Penal
Code.
3. The petitioner who is the wife of Kumar Nagendra
and who is alleged to have cheated Rs. 2.41 Crores for
transferring the house in favour of the informant has not
transferred the house and has cheated the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
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Learned counsel further submits that the petitioner is the wife of
Kumar Nagendra and the main allegation is against Kumar
Nagendra. The house stands in the name of the petitioner and
the sale deed was to be executed by the petitioner and not by
Kumar Nagendra. The husband and wife are alleged to have
cheated the informant of huge amount.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. In these circumstances, this Court is not inclined to
grant privilege of anticipatory bail to the petitioner.
7. This application is dismissed.
8. The interim protection granted to the petitioner vide
order dated 26.11.2025 is hereby recalled.
9. At this stage, learned counsel for the informant has
submitted that anticipatory bail application of Kumar Nagendra
was rejected on 21.02.2024 but till date he has not surrendered.
10. It appears that the Patna Police, particularly the
Agamkuan S.H.O. are helping the accused, namely, Kumar
Nagendra and the petitioner.
11. If the petitioner and her husband doesn’t surrender
within one week from today in the court below, the Senior
Superintendent of Police, Patna is directed to take all steps for
Patna High Court CR. MISC. No.40153 of 2025(6) dt.24-02-2026
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arresting the accused persons.
12. The Senior Superintendent of Police, Patna will
file a compliance report after four weeks.
13. List this case under the heading ‘For Orders’ after
four weeks
14. The application stands disposed of.
(Sandeep Kumar, J)
Ranjeet/-
U T
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