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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail, holding that the matter is essentially civil and the Supreme Court precedent permits such relief.

Summary

Sunita Devi sought bail fearing arrest in a complaint (Case No. 455 of 2024) alleging cheating under IPC Section 420 concerning a land transaction. The complainant claimed she sold him a plot which she had already sold to a third party, leading to a dispute over mutation of the land. The petitioner argued the matter is essentially civil, that the complainant should approach a civil court, and relied on the Supreme Court’s decision in Md. Ibrahim v. State of Bihar. The State and informant opposed bail, asserting prima facie evidence of cheating. The Court, noting the civil nature of the dispute and the precedent, granted bail subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail can be granted in a case alleging cheating under IPC Section 420 when the dispute is primarily civil in nature
  • Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, permits the court to intervene and grant bail

Legislation cited

Subjects

  • bail
  • cheating
  • IPC 420
  • civil dispute
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita
  • land sale
  • mutation
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71218 of 2025
                   Arising Out of PS. Case No.-455 Year-2024 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
                 Sunita Devi W/o Mahendra Prasad Singh @ Mahendra Mandal R/o -
                 Tahwalpur, P.S - Lodipur, District – Bhagalpur ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Satyanaran Mandal S/o Late Atraj Mandal R/o Mohalla - Basantpur, P.S -
                  Lodipur, District - Bhagalpur
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Harsh Singh, Adv.
                 For the State          :       Mr.Shailendra Kumar, APP
                 For the Informant      :       Mr. Dhananjay Kr. Gupa, Adv.
                                                Mr. Bishwa Nath Mahto, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   11-02-2026                   Heard learned Advocate for the petitioner and learned

                   Additional Public Prosecutor for the State as well as the learned

                   Advocate for the informant.

                                 2. The petitioner apprehends her arrest in connection

                   with Complaint Case No. 455 of 2024, wherein cognizance has

                   been taken for the offence punishable under Section 420 of the

                   Indian Penal Code.

                                 3. Based upon the complaint case, it is alleged that the

                   complainant had purchased a piece of land on 19.02.2022

                   bearing khata No. 109, khesara No. 205 and measuring an area

                   of 0.414 decimal of land. However, when the complainant went

                   for mutation of the aforesaid land, the same came to be rejected

                   and later on he came to know that the land in question had
Patna High Court CR. MISC. No.71218 of 2025(4) dt.11-02-2026
                                            2/3




          already been sold by the petitioner to a third party and when the

          complainant demanded refund of consideration amount of Rs.

          2,86,000/- , she allegedly refused.

                       4. Learned Advocate for the petitioner submitted that

          so far the land appertaining to khata No. 109, khesara No. 205

          is concerned, the same is a big chunk of land from which

          various plots have been sold through various registered sale

          deeds in favour of other purchasers. In fact, after execution of

          the sale deed in favour of the complainant, when he went for

          mutation of the land, it has been rejected only on account of the

          fact that there was a dispute between two parties on account of a

          way. At no point of time, it has come that the identical piece of

          land has been sold in favour of a third party and if the

          complainant is not satisfied, he has remedy to approach before

          the competent Civil Court; however instead of approaching the

          Civil Court, the present complaint case came to be instituted.

          Reliance has also been placed on a decision of the Hon’ble

          Supreme Court in the case of Md. Ibrahim & Ors vs State Of

          Bihar & Anr [(2009) 8 SCC 751].

                       5. On the other hand, learned Advocates for the State and

          the informant vehemently opposed the bail application and submitted

          that, prima facie, it appears that the petitioner has sold the
            Patna High Court CR. MISC. No.71218 of 2025(4) dt.11-02-2026
                                                        3/3




                      land on consideration amount of Rs. 2,86,000/- to the petitioner

                      which had already been sold and given to a third party on

                      19.08.2021 itself.

                                   6. Having considered the submissions advanced by

                      the learned Advocates for the respective parties and taking note

                      of the nature of the dispute which predominantly appears to be

                      civil, besides the mandate of the Apex Court in the case of Md.

                      Ibrahim (supra), let the petitioner abovenamed be released on

                      bail, in the event of her arrest or surrender before the court

                      below within a period of four weeks from the date of

                      receipt/production of a copy of this order, upon furnishing bail

                      bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount, each to the satisfaction of the learned                 Judicial

                      Magistrate, First Class, Bhagalpur                   in connection with

                      Complaint Case No. 455 of 2024, subject to the conditions laid

                      down in Section 482(2) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023, with the further condition that one of the bailors

                      shall be the own/close family members of the petitioner.



                                                  (Harish Kumar, J)
Anjani/-
U       T


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