Patna High Court
Kamlawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to the petitioner subject to the conditions specified.
Summary
Petitioner Kamlawati Devi sought anticipatory bail after being implicated in a criminal case (Bhore P.S. Case No. 368 of 2022) involving alleged forgery, property fraud, and offences under various sections of the Indian Penal Code and the Arms Act. The prosecution alleged that she, along with co‑accused, fabricated a sale deed to illegally acquire land belonging to Ramjanki Math. The petitioner contended she is the bona‑fide purchaser of the land, having bought it through a registered sale deed, and that the matter is essentially a civil dispute. The court noted that co‑accused had previously been granted bail and that the petitioner had a clean antecedent. Considering the facts, the court was inclined to enlarge the anticipatory bail. It ordered that the petitioner be released on bail if arrested or she surrenders within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, under Section 482 of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the IPC and Arms Act.
- Whether the allegations pertain to a civil land dispute rather than a criminal offence, justifying bail.
- Whether the petitioner was falsely implicated in the alleged forgery and property fraud.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 298, 323, 329, 341, 384, 406, 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- land dispute
- Indian Penal Code
- Arms Act
- Section 482 CrPC
- civil dispute
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6019 of 2026
Arising Out of PS. Case No.-368 Year-2022 Thana- BHORE District- Gopalganj
======================================================
Kamlawati Devi Wife of Harihar Ray @ Harihar Rai Resident of village-
Ramnagar, Ps- Bhore, Dist- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bhoop Narayan Das Disciple of Late Bhagwati Dasji Resident of village-
Ramjanki Murti Math, Ramnagar, Ps- Bhore, Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in
connection with Bhore P.S. Case No. 368 of 2022 for the
offence under Sections 341, 323, 384, 329, 420, 406, 467, 468,
471 and section 298(A)(B) of the I.P.C. and section 27 of the
Arms Act.
3. As per the prosecution story, there is allegation that
petitioner and other co-accused persons, with an intention to
grab the property of Ramjanki Math of Ramnagar, have created
a forged and fabricated sale deed from one Shanti Devi wife of
Late Ramaashish Ray..
Patna High Court CR. MISC. No.6019 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to land dispute. The petitioner is the bona fide
purchaser of the land in question. She purchased the same from
one Shanti Devi wife of Late Ramaashish Ray by registered sale
deed. The land in question is under peaceful possession of the
petitioner after purchase. So, there is no question of forgery in
the matter. Learned counsel further submits that Kalawati Devi
and four other co-accused persons have been granted bail by a
Co-ordinate Bench of this Court vide order dated 15.02.2025 in
Cr. Misc. No. 52437 of 2024. A statement has been made in para
3 of the bail application that petitioner has clean antecedent.
5. Learned APP opposes the prayer for anticipatory
bail.
6. From perusal of the case diary and arguments made
by both the parties, it appears that petitioner is purchaser of the
land in question so, this is a case of civil dispute.
7. Keeping in view the aforesaid facts, this Court is
inclined to enlarge the petitioner on anticipatory bail.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.6019 of 2026(2) dt.04-02-2026
3/3
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Gopalganj in connection with Bhore P.S. Case No. 368 of 2022
subject to the conditions as laid down under Section 482 of
B.N.S.S.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
Checking your session…