Patna High Court
Shalini KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
Shalini Kumari applied for anticipatory bail fearing arrest in a complaint (No. 1028 of 2023) alleging offences under Sections 452, 323, 427, 420, 406, 504, 506 and 34 of the IPC. The prosecution alleges that she and co‑accused Bablu Kumar cheated people by promising jobs, collected Rs 10 lakh, entered the complainant Vicky Singh's house after a notice, assaulted him and destroyed household property. The petitioner contended that no transaction occurred, no receipt existed, and the assault and damage claims were exaggerated. The State, relying on the FIR, maintained that the accused did enter the house, assaulted the complainant and destroyed property. After hearing both sides, the Court found the allegations sufficient to deny bail and rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences under the IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 34, 406, 420, 427, 452, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- cheating
- assault
- property damage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21596 of 2026
Arising Out of PS. Case No.-1028 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Shalini Kumari Wife of Ramesh Kumar Resident of village- Bara, Ps- Bara,
Dist- Nalanda, At Present Resident of Karma, Ps- Narhat, Dist- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vicky Singh son of Brijnandan Singh Resident of village- Station Road, Ps-
Fathua, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Narayan Singh, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Complaint Case No. 1028 of 2023 registered
for the offence punishable under Sections 452, 323, 427, 420,
406, 504, 506 and 34 of the Indian Penal Code, lodged by the
complainant Vicky Singh.
3. As per the prosecution story, the allegation is that
the petitioner alongwith co-accused Bablu Kumar used to cheat
people in the name of providing job and in the process, took
Rupees Ten Lakhs. As it was not possible for her to provide job,
the complainant sent notice where after the allegation is that the
accused persons including this persons entered his home on the
Patna High Court CR. MISC. No.21596 of 2026(2) dt.16-04-2026
2/2
ground that he had sent notices assaulted him. Before leaving,
they also destroyed the valuable house hold properties of the
complainant.
4. Learned counsel for the petitioner submits that no
such transaction took place, though the complainant alleges that
it has been given in cash but no receipt is there. Further, the
assault theory and/or the destroying of the house hold properties
are exaggerated version.
5. Learned APP opposes the prayer submitting that a
perusal of the F.I.R. would show that the accused entered the
house of the complainant and assaulted. Further, they also
destroyed valuable house hold properties.
6. Considering the submissions of the parties as also
the role played by the petitioner as alleged, no relief can be
extended to her.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…