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Patna High Court

Sumitra Devi @ Sumitra KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions.

Summary

The petitioner, Sumitra Devi, was implicated in a complaint case alleging offences under Sections 406 and 420 of the Indian Penal Code for receiving Rs 1,05,500 as part of a Rs 60,00,000 transaction related to a land sale. The petitioner contended that the dispute was purely civil, she had no criminal intent, and she was prepared to return the remaining Rs 5,500 to the complainant. The State and the complainant opposed her request for anticipatory bail. The Court, noting the civil nature of the dispute, the petitioner’s clean antecedents, and her willingness to make restitution, allowed the prayer for anticipatory bail with a bail bond of Rs 10,000 and two sureties, subject to Section 482(2) of the CrPC and the condition that she pay Rs 5,500 to the complainant. Consequently, the petitioner was granted anticipatory bail pending any arrest within eight weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner in a complaint alleging offences under Sections 406 and 420 IPC?
  • Whether the allegations constitute a criminal offence or a civil dispute requiring bail considerations
  • Applicability of Section 482(2) of the CrPC in granting bail

Legislation cited

Subjects

  • anticipatory bail
  • IPC 406
  • IPC 420
  • civil dispute
  • criminal complaint
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54167 of 2025
                  Arising Out of PS. Case No.-454 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Sumitra Devi @ Sumitra Kumari W/o Bavir kumar Resident of village-
                 Husinabad, P.S.- Aryari, District- Sheikhpura

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Susila Devi W/o Jitendra Prasad R/o vill - Bhawalpur, P.S. - Kurtha, Distt.-
                 Arwal, At present C/o Mr. Badri Naryan Singh, P.S.- Gardanibagh, Mohalla
                 -Yarpur, Yogitola, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. N. K. Agrawal, Sr. Advocate
                                                 Mr. Saroj Kumar Choudhary, Advocate
                 For the State          :        Mr. Rajesh Kumar, APP
                 For the Complainant    :        Mr. Manoj Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                  Heard learned senior counsel appearing on behalf of

                   the petitioner, learned APP appearing on behalf of the State and

                   learned        counsel      appearing        on       behalf       of       the

                   complainant/Opposite Party No. 2.

                                2. The petitioner apprehends her arrest in a complaint

                   case registered for the offence punishable under Sections 406

                   and 420 of the Indian Penal Code.

                                3. As per the complaint case, co-accused Khushbu

                   Pandey and co-accused Monu Kumar received a sum of Rs.

                   60,00,000/- from the complainant, as consideration money, for

                   sale of a piece of land, but they refused to execute the sale-deed
Patna High Court CR. MISC. No.54167 of 2025(3) dt.16-01-2026
                                            2/3




          in favour of the complainant and also failed to return the

          aforesaid money. It is further alleged that out of aforesaid

          amount of Rs. 60,00,000/-, Rs. 1,05,500/- has been paid in the

          account of this petitioner.

                       4. It is submitted by learned senior counsel appearing

          on behalf of the petitioner that petitioner is quite innocent and

          has committed no offence. From bare perusal of the complaint

          petition it is apparent that the dispute arises out of sale and

          purchase of land, which is purely civil in nature. Even as per

          complaint case, only Rs. 1,05,500/- was transferred in the

          account of this petitioner and out of the alleged amount,

          petitioner has already transferred Rs. 1,00,000/- in the account

          of the complainant, which fact has also been admitted by the

          witnesses of the complainant. It is further submitted that

          petitioner is ready to return rest of the alleged amount

          transferred into her account i.e. Rs. 5,500/- through demand

          draft in the name of the complainant. Petitioner is a lady and

          claims clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the complainant/Opposite Party No. 2 have vehemently opposed

          the prayer for grant of anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. MISC. No.54167 of 2025(3) dt.16-01-2026
                                                         3/3




                       case, general and omnibus nature of accusation, nature of

                       dispute, clean antecedents of the petitioner and aforesaid

                       undertaking of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.C.J.M. 1 st Class, Patna City

                       in connection with Complaint Case No. 454 of 2023, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S.,

                       along with the following terms and conditions:

                                        “A. At the time of furnishing bail-bond,
                                          petitioner shall pay Rs. 5,500/- (Rupees five
                                          thousand five hundred) to the complainant
                                          through demand draft.”



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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