Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, since the petitioner was not alleged to have drawn the cheques, she is entitled to bail.
Summary
Geeta Devi, the mother of co-accused Ajeet Kumar, was implicated in a case of cheque bounce (Sections 420, 406 IPC and Section 138 NI Act) where two cheques drawn by Ajeet Kumar and Radha Devi were dishonoured. She contended that she did not draw the cheques and that the dispute was essentially civil. The State argued that she was actively involved, but conceded that the cheques were not drawn by her. The court examined the allegations and noted the lack of any direct charge against her for drawing the cheques. Consequently, the court ordered that she be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, provided she surrenders within four weeks.
Issues considered
- Whether the petitioner Geeta Devi can be held liable for offences under Sections 420, 406 IPC and Section 138 NI Act.
- Whether anticipatory bail should be granted to the petitioner in view of the allegations.
- Whether the petitioner is prima facie connected to the alleged cheque bounce offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- IPC 420
- IPC 406
- NI Act 138
- criminal procedure
- bail
- mother
- co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53083 of 2024
Arising Out of PS. Case No.-17 Year-2022 Thana- VAISHALI District- Vaishali
======================================================
Geeta Devi W/o Meghnath Bhagat R/o vill - Chintamanipur, P.s. -
Belsar O.P., Distt. - Vaishali
... ... Petitioner
Versus
1. The State of Bihar
2. Param Kishore Singh @ Pappu Singh S/o Sri Satyanarayan Singh R/o
vill - Rampur Horail, P.S. - Belsar O.P., Dist. - Vaisahli
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Belsar P.O. (Vaishali)
P.S. Case No. 17 of 2022 registered for the offences punishable
under Sections 420, 406 of the Indian Penal Code and Section
138 of the Negotiable Instrument Act.
3. The allegation against petitioner is to cheat the
informant, where two cheques, which were drawn in favour of
informant by co-accused namely, Ajeet Kumar and Radha Devi,
were dishonoured upon presentation before the Bank.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.53083 of 2024(3) dt.02-02-2026
2/3
submitted that the allegation of drawing the cheques is not
available against this petitioner as same is available against co-
accused namely, Ajeet Kumar and Radha Devi. It is pointed out
that as this petitioner is the mother of co-accused Ajeet Kumar,
therefore, she was implicated with the present case.
5. While concluding argument, it is submitted that the
primarily dispute between the parties are of civil in nature,
where petitioner appears prima facie remotely connected with
the allegation and, moreover, considering the nature of
allegation, co-accused Ajeet Kumar and Radha Devi, who were
specifically alleged to draw the cheques were granted
anticipatory bail by one of the learned coordinate Bench of this
Court through Cr. Misc. No. 81094/2024 dated 10.12.2024.
6. While concluding argument, learned counsel
submitted that petitioner involved in one more case of simiar
nature, in which she is on bail.
7. Learned A.P.P. for the State, while opposing the
prayer for anticipatory bail of the petitioner, submitted that
petitioner being mother, was actively involved in the occurrence
however he fairly conceded that alleged cheques were not drawn
by this petitioner.
Patna High Court CR. MISC. No.53083 of 2024(3) dt.02-02-2026
3/3
8. In view of the aforesaid factual submissions and by
taking note of the fact as alleged cheques as drawn in favour of
informant was not alleged to be drawn by this petitioner, who is
a lady, accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Vaishali at Hajipur/concerned court in connection
with Belsar P.O. (Vaishali) P.S. Case No. 17 of 2022, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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