Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the dispute is essentially civil in nature and granted bail to the petitioner.
Summary
Manju Devi was named in a complaint (Case No. 1564C of 2019) alleging that she failed to return a Rs. 2 lakh loan and issued a dishonoured cheque, leading to a charge under Section 406 of the IPC for criminal breach of trust. The petitioner argued that the dispute was essentially civil, concerning loan recovery, and that the cheque default was due to financial hardship, not criminal intent. The defense also contended that the complaint was filed without complying with Section 142 of the Cr.PC and that the appropriate provision should have been Section 138 of the Negotiable Instruments Act. The learned magistrate had taken cognizance under Section 406 IPC. The High Court, after considering the submissions, held that the matter was primarily civil in nature and granted bail, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) Cr.PC and Section 482(2) BNSS. The order effectively released the petitioner pending further proceedings in the underlying complaint.
Issues considered
- Whether the allegations of non‑return of loan and dishonoured cheque constitute a criminal breach of trust under Section 406 IPC or a civil recovery matter.
- Whether bail should be granted in a case where the complaint was filed under Section 406 IPC without compliance of Section 142 Cr.PC.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 142, 438(2)
- Indian Penal Code — s. 406
- Negotiable Instruments Act — s. 138
Subjects
- bail
- criminal breach of trust
- loan recovery
- civil dispute
- Section 406 IPC
- Section 138 NI Act
- Section 438 CrPC
- Section 142 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69347 of 2024
Arising Out of PS. Case No.-1564 Year-2019 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Manju Devi W/o- Gopal Prasad R/o- Imalital near post office PS- Danapur
District-Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Asha Devi Wife of Om Prakash Lal Moh- Imalital in front of Arya Samaj
Mandir, Ps- Danapur Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyapal Singh
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 03-02-2026 Heard the parties.
2. The petitioner is named in the Complaint case
and apprehending his arrest in connection with Complaint
Case No. 1564C of 2019 registered for the offences
punishable under Section 406 of IPC.
3. As per complaint, petitioner failed to return
Rs. 2 lakh within time which was taken as a loan from
complainant and also when to settle the loan account
when complainant was given a cheque of Rs. 2 lakh by
petitioner same was also dishonored upon presentation
Patna High Court CR. MISC. No.69347 of 2024(3) dt.03-02-2026
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before the bank.
4. It is submitted by learned counsel appearing
on behalf of the petitioner that as per complaint the
matter appears civil in nature, as same appears related
with recovery of loan. It is submitted that admittedly Rs.
2 lakh was given as a loan. It is pointed out that the
intention of petitioner cannot be said bad as the cheque
for amount of Rs. 2 lakh was given which due to some
financial hardship could not honored and this fact was
orally communicated to complainant. It is submitted that
without compliance of Section 142 of Cr.P.C. the present
complaint was filed under Section 138 of NI Act and
therefore learned Jurisdictional Magistrate took
cognizance under Section 406 of IPC only. It is submitted
that as per material available on record this is not even a
case for Section 406 of IPC as admittedly the amount in
issue was given as loan.
5. Learned APP opposes the prayer of bail.
6. None appeared on behalf of complainant.
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7. In view of aforesaid factual submission and by
taking note of fact as dispute primarily appears civil in
nature as same appears related to recovery of loan,
accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period
of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the learned ACJM, Danapur, Patna
/concerned Court, where the case is pending in
connection with Complaint Case No. 1564C of 2019,
subject to the conditions as laid down under Section
438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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