Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied; the application was dismissed.
Summary
The petitioner, Sunita Devi, filed an anticipatory bail application in a case (PS. Case No.23 of 2025) alleging offences under sections 318(4) and 316(2) of the B.N.S., 2023, relating to an alleged embezzlement of Rs.24,80,735 from several Jiwika Samooh. The petitioner contended that she was falsely implicated and that, as a Bank Mitra, she never received any money. The court examined the seriousness of the allegations and the nature of the economic offence. Considering the gravity of the accusations, the judge was not inclined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender before the lower court within four weeks to seek regular bail, with the Superintendent of Police directed to effect her arrest if she fails to do so.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under sections 318(4) and 316(2) of the B.N.S., 2023 in view of the alleged embezzlement.
- Whether the nature of the economic offence justifies denial of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 316(2), 318(4)
Subjects
- anticipatory bail
- economic offence
- embezzlement
- section 318
- section 316
- bail denial
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81025 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Sunita Devi Son of Surendra Thakur R/o Village - Akaoni, P.S. - Rafiganj,
Dist. - Aurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Mukul Kumari, Advocate
For the Opposite Party : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This application for anticipatory bail arises
out of Rafiganj P.S. Case No.23 of 2025 for the offence under
sections 318(4), 316(2) of the B.N.S., 2023.
3. The petitioner and others are said to have
embezzled Rs.24,80,735/- of several Jiwika Samooh.
4. Learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case. He
further submits that the petitioner is the Bank Mitra of Jiwika
Samooh and she has never received any amount.
5. Considering the nature of allegation levelled
against the petitioner, I am not inclined to grant anticipatory bail
to the petitioner. Accordingly, this bail application is dismissed.
The petitioner is directed to surrender before the Court below
Patna High Court CR. MISC. No.81025 of 2025(4) dt.13-03-2026
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without four weeks from today and pray for regular bail, failing
which, the Superintendent of Police, Aurangabad will take all
steps for arresting the petitioner.
6. Let a copy of this order be communicated to
the Superintendent of Police, Aurangabad, forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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