Patna High Court
Smt Rekha Ray (Mandal) @ Srimati Rekha RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 316(2), 318(4)
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
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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
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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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