Patna High Court
Putul Rai @ Putul DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
Petitioner Putul Rai, the wife of a co-accused who had already been granted anticipatory bail, applied for anticipatory bail in a complaint alleging cheating and criminal breach of trust under IPC sections 406 and 34, involving a sum of Rs. 14,60,000. The petitioner argued that she had not received any money and was merely the spouse of the accused, thus deserving bail. The State and complainant opposed, contending that both husband and wife were involved in the fraud and that the petitioner had suppressed annexures. The Patna High Court, considering the seriousness of the alleged offence and the amount involved, declined to grant anticipatory bail. The court ordered the petitioner to surrender within two weeks and seek regular bail, warning that failure to do so would result in arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case of alleged cheating and criminal breach of trust under IPC sections 406 and 34.
Legislation cited
- Indian Penal Code — s. 34, 406
Subjects
- anticipatory bail
- criminal breach of trust
- cheating
- IPC 406
- IPC 34
- high court
- bail denial
- fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74096 of 2024
Arising Out of PS. Case No.-3462 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Putul Rai @ Putul Devi W/o Sri Bhushan Rai R/o Near Gandhi Murti, Saguna
More, P.O. and P.S. - Danapur, Distt. - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Kumar S/o Chhote Lal R/o Vishnupuri, Chitkohara, P.S. -
Gardanibagh, Distt. - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-02-2026 Heard the learned counsel for the petitioner, the
learned counsel for the complainant and the learned A.P.P. for
the State.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 3462 (C) of 2023 instituted under
Sections 406 and 34 of the Indian Penal Code.
3. As per prosecution case, the allegation against
the petitioner and her husband is that they have entered into
agreement for sale and have cheated the complainant of Rs.
14,60,000/- (Fourteen Lakh and Sixty Thousand).
4. Learned counsel for the petitioner submits that
petitioner is innocent and she is the wife of co-accused,
Patna High Court CR. MISC. No.74096 of 2024(4) dt.09-02-2026
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Bhushan Rai, who has been granted anticipatory bail by the
Court below. He, therefore, submits that the petitioner also
deserves anticipatory bail. Learned counsel for the petitioner
further submits that since the petitioner has not taken any
amount, she is entitled for grant of bail. It is further submitted
that she being the wife of the co-accused is not involved in the
crime.
5. The learned A.P.P. for the State and learned
counsel for the complainant oppose the prayer for anticipatory
bail of the petitioner. Learned counsel for the complainant has
submitted that both the husband and wife have cheated the
complainant and in the court below a defence was taken by the
husband that he has not signed the agreement, therefore, he was
granted anticipatory bail. Learned counsel for the complainant
further submits that petitioner has suppressed the annexures of
the complaint petition and has not annexed the same with the
complaint.
6. Considering the gravity of the offence and the
allegation that petitioner and her husband have cheated the
complainant of Rs. 14,60,000/- (Fourteen Lakh and Sixty
Thousand), this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
Patna High Court CR. MISC. No.74096 of 2024(4) dt.09-02-2026
3/3
7. The application for anticipatory bail is, accordingly,
rejected.
8. The petitioners are directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Patna will take all steps for the arrest of the petitioners.
9. Let a copy of this order be communicated to the
Superintendent of Police, Patna through FAX for its compliance
forthwith.
(Sandeep Kumar, J)
vashudha/-
U T
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