Patna High Court
Manisha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is to be granted to the petitioner subject to the stipulated conditions.
Summary
Manisha Kumari, the petitioner, was named in an FIR for alleged defalcation of Rs. 8,84,534 under IPC sections 406, 409 and 420/34. She claimed that the cheque in question was signed under the instruction of her mother‑in‑law and was a joint signature, and that she has a clean antecedent. The State opposed her request for anticipatory bail. The court, noting her clean record and the joint nature of the cheque, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and conditioned the bail on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directed that she surrender within four weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case of alleged cheque fraud under IPC sections 406, 409, 420/34.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 406, 409, 420
Subjects
- anticipatory bail
- cheque fraud
- clean antecedent
- joint signature
- IPC 406
- IPC 409
- IPC 420
- CrPC 438
- B.N.S.S. 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24359 of 2025
Arising Out of PS. Case No.-67 Year-2023 Thana- GAUTAMBUDHNAGAR District- Siwan
======================================================
Manisha Kumari Wife of Sri Krishna Manjhi R/O-Village and PO- saraiya,
PS- G. B. Nagar Distt.- Siwan
... ... Petitioner
Versus
1. The State of Bihar
2. Amit Kumar, Panchayat Secretary, Gram Panchayat Bharatpura R/O Village-
Saichak, P.O. and P.S.- Beur, District- Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs.Mira Kumari, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with G.B. Nagar P.S. Case
No. 67 of 2023 registered for the offences punishable under
Sections 406, 409, 420/34 of the Indian Penal Code.
3. The allegation against the petitioner is to defalcate the
government money of Rs. 8,84,534/- out of Twelve (12) Lakhs.
4. Learned counsel appearing on behalf of the petitioner
submitted that the petitioner was newly wedded wife of son of the
co-accused Panmati Devi (mother-in-law) and also the Ward
Secretary. It is submitted that upon instruction of co-accused, the
petitioner signed the cheque where the amount in issue was
Patna High Court CR. MISC. No.24359 of 2025(7) dt.12-01-2026
2/2
transferred to the account of execution committee. It is pointed
out that almost all work done assigned to the committee for under
Nal-Jal Yojana. It is submitted that alleged cheque was issued
under the joint signatures. Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as the petitioner is lady of clean antecedent,
where cheque in issue was said to be issued under joint signature,
accordingly, above-named petitioner, in the event of her
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-IV,
Siwan/concerned court in connection with G.B. Nagar P.S. Case
No. 67 of 2023, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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