Patna High Court
Binda DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 420
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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