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Patna High Court

Putul Rai @ Putul DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                            2/3




          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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