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Patna High Court

Binda DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that because the dispute is primarily civil and the petitioners are women of clean antecedent, bail should be granted.

Summary

The petitioners, Binda Devi and Mosmat Nilam Devi, were named in a complaint (Case No. 7517(C) of 2023) alleging offences under Sections 420 and 120B of the IPC for an illegal land transfer. They contended that the matter was essentially a civil dispute and that they, being women of clean antecedent, should not be subjected to criminal prosecution. The State opposed their bail application. The Court examined the factual submissions and noted the civil nature of the dispute and the petitioners' clean records. Consequently, the Court directed that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to Section 482(2) of the CrPC. The bail order was conditioned on their surrender within four weeks and compliance with the lower court’s directions.

Issues considered

  • Whether the allegations of illegal land transfer constitute a criminal offence warranting continued detention.
  • Whether the petitioners are entitled to bail given the civil nature of the dispute and their clean antecedent.

Legislation cited

Subjects

  • bail
  • cheating
  • criminal conspiracy
  • land dispute
  • civil nature
  • women
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78445 of 2025
                 Arising Out of PS. Case No.-7517 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Binda Devi W/O Late Sundar Sao R/O Village- Punpun, P.S- Punpun, Distt.-
                  Patna.
           2.    Mosmat Nilam Devi W/O Late Pintu Kumar R/O Village- Punpun, P.S-
                 Punpun, Distt.- Patna.
                                                                  ... ... Petitioner/s
                                            Versus
           1.    The State of Bihar
           2.     Manila Devi W/O Arun Kumar R/O Village- Gopi Indra Kurthaul, P.S- Parsa
                  Bazar, Distt.- Patna.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Deepti Pandey
                 For the Opposite Party/s :     Mr. Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   20-02-2026                    Heard the parties.

                                2. The petitioners are named in the complaint Case

                   and apprehending their arrest in connection with complaint

                   Case No. 7517(C) of 2023 registered for the offences

                   punishable under Sections 420, 120B of IPC.

                                3. As per complaint, petitioner alleged to involve in

                   illegal transfer of land.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that primarily dispute between the

                   parties appears civil in nature for which the present criminal

                   prosecution is completely un-occassioned and un-warranted.
            Patna High Court CR. MISC. No.78445 of 2025(3) dt.20-02-2026
                                                        2/2




                      It is submitted that the allegation to sell land is available

                      against co-accused Binod Kumar who is son-in-law of

                      petitioner no. 1. While concluding argument, it is submitted

                      that petitioners are ladies and claimed clean antecedent.

                                   5 Learned APP opposes the prayer of bail.

                                   6. In view of aforesaid factual submission and by

                      taking note of fact as dispute primarily between the parties

                      appears civil in nature, where both petitioners are ladies of

                      clean antecedent, accordingly both above-named petitioner,

                      in the event of their arrest or surrender before the court

                      below within a period of four weeks, are directed to be

                      released on bail, furnishing bail bond of Rs. 10,000/- (Rupees

                      Ten Thousand) each with two sureties of the like amount each

                      to the satisfaction of the learned JM 1st Class, Patna

                      /concerned Court, where the case is pending in connection

                      with complaint Case No. 7517(C) of 2023, subject to the

                      conditions as laid down under Section 482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-
U       T


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