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Patna High Court

Smt Rekha Ray (Mandal) @ Srimati Rekha RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to conditions, exercising its inherent powers under Section 482(2) of the BNSS.

Summary

The petitioners, Rekha Ray and Anjali Ray, sought anticipatory bail fearing arrest in a case registered under Sections 316(2) and 318(4) of the Indian Penal Code. They alleged that the FIR was based on a civil dispute over a land sale agreement, where the informant claimed they delayed execution of a sale deed after receiving an advance payment. The petitioners argued they have clean antecedents, are women, and that the informant should have approached a civil court for specific performance rather than invoking criminal law. The State opposed the grant of anticipatory bail. The court examined the nature of the allegations, noting the civil character of the dispute, and applied its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail with conditions. The bail was ordered on the condition of furnishing bail bonds and sureties, subject to the trial court’s satisfaction.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in a case arising from alleged fraud under Sections 316(2) and 318(4) of the IPC.
  • Whether the FIR reflects a civil dispute that should be dealt with by a civil court rather than a criminal proceeding.

Legislation cited

Subjects

  • anticipatory bail
  • civil dispute
  • criminal law
  • Section 316 IPC
  • Section 318 IPC
  • Section 482 BNSS
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4645 of 2026
                  Arising Out of PS. Case No.-583 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
           1.     Smt Rekha Ray (Mandal) @ Srimati Rekha Ray Wife of Jay Prakash Ray
                  D/o Shri Dinesh Kr. Ray R/o Mirchaibari, Ward no. 5, Sahayak Police
                  Station, Katihar, At present R/o Bolpur, Shanti Niketan, Indrapalli, Ward no.
                  19, P.S. - Bolpur, Dist. - Virbhoom(West Bengal).
           2.    Smt. Anjali Ray @ Srimati Anjali Ray W/o Niraj Kumar, D/o Sri Dinesh
                 Ray R/o Mirchaibari, Ward no. 05, Sahayak Police Station, Katihar, At
                 present R/o Choudhary Tola, Ward no. 12, P.S. - Kahalgaon, Dist. -
                 Bhagalpur.

                                                                                 ... ... Petitioners
                                                      Versus
                 The State of Bihar

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026                        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 316(2) and

                   318(4) of the Indian Penal Code.

                                   3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and the informant alleges that he entered into an agreement for

                   purchasing a land measuring 32 decimal 800 sq. kadi for

                   opening a school and the consideration fixed was Rs.

                   1,86,000,00/- out of which an amount of Rs. 2,51,000/- was paid
Patna High Court CR. MISC. No.4645 of 2026(2) dt.16-03-2026
                                            2/3




          in advance, but the petitioners started adopting delaying tactics,

          hence informant sent two pleaders notices, but the same was

          replied and ultimately the petitioners refused to execute the sale

          deed.

                          4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant, it is next submitted that from perusal of the

          allegations as alleged in the FIR it would manifest that the

          dispute is civil to which a criminal colour has been given. It is

          next submitted that if what has been alleged in the FIR is proved

          in that event, the informant ought to have approached the Court

          of competent civil jurisdiction for getting the sale deed executed

          but instead of resorting to a procedure in accordance with law,

          the instant FIR came to be instituted with a view to coerce the

          petitioners into submission. It is also submitted that had a case

          for specific performance of contract be instituted by the

          informant in that event, the petitioners would have appeared

          before the learned Civil Court rebutting the claim of the

          informant.

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

          for anticipatory bail of the petitioners.

                          6. Considering the submissions made by the
           Patna High Court CR. MISC. No.4645 of 2026(2) dt.16-03-2026
                                                       3/3




                     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 the

                     learned trial court where the case is pending/successor court in

                     connection with Katihar (Sahayak) P.S. Case No. 583 of 2025

                     subject to the conditions as laid down under Section 482 (2) of

                     the BNSS.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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