Patna High Court
Pushpa KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Considering the petitioner’s age, gender, health and lack of criminal antecedents, the court allowed regular bail despite the serious nature of the offences.
Summary
Pushpa Kumari, a 55‑year‑old branch manager of Lotus Proficient Nidhi Limited, was arrested in connection with a cheating case (IPC §§ 406, 420, 34) alleging she withheld matured customer funds and misappropriated money. She applied for regular bail, claiming innocence, no prior criminal record, and poor health. The State and her employer opposed the bail, asserting the seriousness of the offences. The court examined the nature of the charges, the petitioner’s age, gender, health, and lack of antecedents, and concluded that these factors warranted bail. Accordingly, the court ordered her release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether regular bail should be granted to an accused of offences under IPC sections 406, 420 and 34.
- Whether the petitioner’s age, gender and health constitute sufficient grounds to grant bail despite the seriousness of the alleged offences.
- Whether the allegations of misappropriation justify denial of bail.
Legislation cited
- Indian Penal Code — s. 34, 406, 420
Subjects
- regular bail
- IPC 406
- IPC 420
- IPC 34
- cheating
- fraud
- age factor
- gender factor
- health condition
- criminal procedure
- branch manager
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81795 of 2025
Arising Out of PS. Case No.-256 Year-2024 Thana- NAUGACHIA District- Bhagalpur
======================================================
Pushpa Kumari W/o Umesh Chandra Sharma R/o Village - Noniapatti, Ward
no. 26, P.S - Naugachia, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar & Anr
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar, Advocate
Mr. Kuldeep Thakur, Advocate
Mr. Ajay KumarMehta, Advocate
Mr. Kumar Satyam, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
For the O.P. No. 2 : Mr. Shyam Kishore, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 25-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the O.P.
No. 2.
2. The petitioner seeks regular bail in connection with
Naugachia P.S. Case No. 256 of 2024 registered for the offence
under Section(s) 406, 420 and 34 of the Indian Penal Code.
3. The O.P. No. 2 is the Managing Director of the
company in which the petitioner was working as Branch
Manager. The allegation against the petitioner is that she being
the Branch Manager of Lotus Proficient Nidhi Limited did not
release the matured amount of the customers with intention to
grab the money.
Patna High Court CR. MISC. No.81795 of 2025(6) dt.25-02-2026
2/3
4. A counter affidavit has been filed on behalf of the
O.P. No. 2. Paragraph 8 of the affidavit reads as follows:-
8. That the statements made in paragraph no.
12 of the petition under reply is matter of
record. It is relevant to state here that the
Petitioner was authorised to manage the
fund/money of the Bank. Further, Rs.
14,57,170/- (Rupees Fourteen Lakhs Fifty
Seven Thousand One Hundred Seventy)
are dues to the Petitioner and she in
collusion with other employees of the
Opposite Party No. 2 distributed the huge
amount among them. It would be evident
from the aforesaid report that a total of Rs.
31,31,659/- (Rupees Thirty One Lakh
Thirty One Thousand Six Hundred Fifty
Nine) are dues to the employees including
the Petitioner on the Bank. The said
amount was withdrawn by the Petitioner
for her personal use.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 22.08.2025 and has no criminal
antecedent. He further submits that the petitioner is a 55 years
old woman suffering from illness.
6. Learned A.P.P. for the State and the learned counsel
for the O.P. No. 2 have vehemently opposed the prayer for bail.
7. From perusal of the materials available on record it
appears that the petitioner was working as Branch Manager.
Taking into account the age of the petitioner and the fact that
Patna High Court CR. MISC. No.81795 of 2025(6) dt.25-02-2026
3/3
she is a woman, this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-I, Naugachia/concerned
Court below in connection with Naugachia P.S. Case No. 256 of
2024.
(Sandeep Kumar, J)
Shishir/-
U T
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