Patna High Court
Rina Devi Mukhia @ Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is not granted; the application is dismissed.
Summary
The petitioner, Rina Devi, sought anticipatory bail fearing arrest in a case (Pachrukhi PS Case No. 125 of 2024) alleging embezzlement of Rs. 84,000 under Sections 406, 409 and 34 of the Indian Penal Code. An earlier order on 25-11-2025 had granted her interim protection to seek instructions on depositing the alleged amount, but she failed to provide any direction to her counsel. The court observed that the petitioner showed no interest in the proceedings after obtaining interim relief and noted the seriousness of the breach of trust allegations. Consequently, the court declined to grant anticipatory bail, withdrew the interim protection, and ordered the petitioner to surrender within four weeks and apply for regular bail. Failure to comply would result in her arrest by the Superintendent of Police, Siwan.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious allegations of embezzlement and her lack of cooperation after obtaining interim protection.
Legislation cited
- Indian Penal Code — s. 34, 406, 409
Subjects
- anticipatory bail
- criminal breach of trust
- embezzlement
- interim protection
- surrender
- regular bail
- non-cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37095 of 2025
Arising Out of PS. Case No.-125 Year-2014 Thana- PANCHRUKHI District- Siwan
======================================================
Rina Devi Mukhia @ Rina Devi W/o- Shambhu Yadav Resident of vill- Pipra
Ps- GB Nagar Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Anupam
For the Opposite Party/s : Mr.Parmeshwar Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Pachrukhi P.S. Case No. 125 of 2024 registered for the
offence under Sections 406, 409/34 of the Indian Penal Code.
3. As per the prosecution case, the allegation
against the petitioner is of embezzlement of Rs. 84,000/- from
the government fund.
4. From perusal of the order dated 25.11.2025, it
appears that two weeks time was granted to the learned counsel
for the petitioner for seeking instructions in this matter as to
whether the petitioner is ready to deposit the alleged defalcated
amount or not but till date no instruction has been given to the
learned counsel for the petitioner.
Patna High Court CR. MISC. No.37095 of 2025(4) dt.18-02-2026
2/2
5. In view of the above, it appears that the
petitioner for getting interim protection, has given such an
statement but now after getting interim protection, she is not
taking interest in this case.
6. In view of the serious allegations of
defalcation/embezzlement against the petitioner, this Court is
not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this application for anticipatory
bail is dismissed and the interim protection granted to the
petitioner vide order dated 25.11.2025 is hereby withdrawn.
8. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Siwan will take
all steps for arrest of the accused person/s including the
petitioner.
9. Let a copy of this order this order be
communicated to the Superintendent of Police, Siwan through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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