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Patna High Court

Pushpa KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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