Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52049 of 2026 Arising Out of PS. Case No.-836 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Mamta Devi, W/O Abhishek Gaurav, R/O Village- Shahpur, near Bhola Saw Temple, P.S.- Town Thana, District-Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Anand, Advocate For the Informant :
Mr. Brij Bihari Tiwary, Advocate Ms. Shruti, Advocate Ms. Adya Kumari, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and the learned A.P.P for the State.
2. The petitioner apprehends her arrest in connection with Aurangabad Town P.S. Case No. 836 of 2024, for the offence punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution story, in short, is that the informant initially gave Rs. 9,00,000/- as loan to one Abhishek Gaurav, who is the petitioner's husband, to purchase a four-wheeler with a promise to repayment within four months but later on the petitioner has failed to pay the EMIs, the informant again gave Rs. 7,00,000/-. It is further alleged that the second loan was
Patna High Court CR. MISC. No.52049 of 2026(2) dt.29-07-2026 2/3 given under the assurance that the accused Abhishek Gaurav would transfer the vehicle to the informant's name. It is also alleged that till date, the petitioner's husband neither transferred the vehicle nor returned the total loan amount to the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and having clean antecedent. It is further submitted that petitioner is merely a house-wife, having clean antecedent and she is nothing to do with the transaction of her husband.
5. Learned counsel for the informant as well as learned APP for the State have vehemently opposed the prayer for grant of bail of the petitioner. Learned counsel for the informant submits that informant has been cheated by the petitioner's husband.
6. Having heard the parties, I am of the considered view that the issue relates to loan transaction between the parties and there is no specific allegation against the petitioner, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.52049 of 2026(2) dt.29-07-2026 3/3 to the satisfaction of the learned court concerned, in connection with Aurangabad Town P.S. Case No. 836 of 2024, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
7. Accordingly, the bail application stands allowed. (Alok Kumar, J) khushbu/- U T