Patna High Court
PAMMY DEVI @ PAMMY CHAUBEYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the dispute is primarily civil and the petitioner is of clean antecedent.
Summary
Pammy Devi, the petitioner, was arrested in a complaint case alleging forgery and cheating under Sections 467, 468 and 34 of the IPC related to a land dispute. She contended that she was the bona‑fide purchaser of the land, that the matter was essentially a civil family dispute, and that she had a clean antecedent. The Additional Public Prosecutor opposed her bail. The court observed that the dispute appeared primarily civil and that the petitioner was of good character. Accordingly, the court ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was to be executed within four weeks of the order.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged forgery and cheating under the IPC.
- Whether the underlying dispute is civil in nature, warranting bail under Section 438(2) CrPC and Section 482(2) BNSS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 467, 468
Subjects
- bail
- forgery
- cheating
- civil dispute
- criminal procedure
- IPC
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88527 of 2025
Arising Out of PS. Case No.-847 Year-2021 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Pammy Devi @ Pammy Chaubey, W/o Arjesh Kumar Chaubey, resident of
village-Dehri P.S.- Buxar Muffasil, Dist- Buxar, At present Jail Road Gayatri
Nagar Buxar, P.S.- Buxar Town, Dist- Buxar
... ... Petitioner
Versus
1. The State of Bihar
2. Chanchala Devi, W/o Bipin Bihari Diwedi, R/o Sohani Patti, P.S.- Buxar
Town, Dist- Buxar.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf
of the petitioner and learned Additional Public
Prosecutor appearing on behalf of the State.
2. The accused/petitioner apprehending
her arrest in connection with Complaint Case No.
847(c) of 2021, in which cognizance has been
taken for the offences punishable under Sections
467 and 468 read with 34 of the Indian Penal Code.
3. The allegation against the petitioner is
to cheat informant by creating forged document
related with plot no. 389 of Mauza Pandeypatti,
P.S.-Buxar Town, District -Buxar.
4. Learned counsel appearing on behalf of
Patna High Court CR. MISC. No.88527 of 2025(2) dt.11-02-2026
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the petitioner submitted that the petitioner is the
purchaser of the land in issue after paying
consideration amount. It is pointed out that the
petitioner herself is the victim of circumstance. It is
pointed out that out of family dispute with cousin
brother, the petitioner was implicated with present
case by informant without having no occasion.
While concluding argument, it is submitted that the
dispute is purely civil in nature, for which the
present criminal case was completely
unoccasioned. Petitioner is said to be a lady of
clean antecedent.
5. Learned APP opposed the prayer of
bail.
6. Considering the aforesaid facts and
circumstances and by taking note of fact as the
dispute primarily appears civil in nature, where
petitioner is a man of clean antecedent,
accordingly, above named petitioner, in the event
of her arrest or surrender before the learned trial
Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond
Patna High Court CR. MISC. No.88527 of 2025(2) dt.11-02-2026
3/3
of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction
of the learned J.M.-1st Class, Court No.4 at
Buxar/concerned Court, where the case is pending
in connection with Complaint Case No. 847(c) of
2021, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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