Patna High Court
Usha Kumari @ Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to anticipatory bail in the present case.
Summary
The petitioner, Usha Kumari, sought anticipatory bail fearing arrest in a complaint (No. 9296 of 2022) alleging criminal breach of trust under Section 406 IPC for allegedly taking Rs. 7 lakh on loan and not repaying. The prosecution claimed the petitioner and co‑accused failed to return the loan amount, while the petitioner contended the matter was a civil dispute, owing only Rs. 50,000 to the second opposite party, which she was ready to repay by demand draft. The opposite party alleged cheating. After reviewing the complaint and supporting documents, the Court held that the petitioner merited anticipatory bail and granted it subject to a bail bond of Rs. 10,000 with two sureties, compliance with Section 438(2) CrPC and Section 482 CrPC, and the production of a Rs. 50,000 demand draft to the second opposite party.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case registered under Section 406 IPC.
- Whether the dispute is a civil matter masquerading as a criminal case, affecting bail considerations.
- Whether conditions such as a bail bond, sureties, and payment of Rs. 50,000 can be imposed under Section 438(2) CrPC and Section 482 CrPC.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Indian Penal Code — s. 406
Subjects
- anticipatory bail
- criminal breach of trust
- Section 406 IPC
- civil dispute
- bail conditions
- Section 438 CrPC
- Section 482 CrPC
- demand draft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90948 of 2025
Arising Out of PS. Case No.-9296 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Usha Kumari @ Usha Devi W/O Vijay Ram R/O Mohalla- Sadidpur, Harijan
Colony, Patna City, Post- Gulzarbagh, Police Station- Alamganj, District-
Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Manju Devi W/O Rishi Prasad R/O Mohalla-Bara Hasanpur, Post Office-
Khusrupur, PS-Khusrupur, Distt-Patna At present Quarter No. B/12 BSEB
Colony, Rajbansi Nagar, Distt-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Krishna Jha
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 18-06-2026 Heard the parties.
2. The petitioner apprehends her arrest in connection
with Complaint Case No. 9296© of 2022 registered for the
offence under Section 406 of Indian Penal Code.
3. The prosecution case in brief is that the accused
persons including the petitioner have taken Rs. 7,00,000/- from
the complainant on loan and the accused persons have not
returned the same to her.
4. Learned counsel for the petitioner submits that
from the reading of the complaint, it will appear that the it is
case of civil dispute which is being given colour of a criminal
case. He further submits that the petitioner owes only 50,000/-
and nothing more to the opposite party no. 02 and she is ready
to return the same by way of demand draft.
5. Learned counsel for the opposite party no. 02
Patna High Court CR. MISC. No.90948 of 2025(5) dt.18-06-2026
2/2
submits that the petitioner has cheated the opposite party no. 02.
6. I have gone through the Complaint, the SA and
other documents on record.
7. In the facts of the case the petitioner deserves
anticipatory bail and accordingly, this application is allowed.
8. Let the petitioner, above named, in the event of her
arrest or surrender before the concerned Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the concerned Court below in
connection with Complaint Case No. 9296© of 2022, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
9. As a condition of this order, the petitioner is
directed to produce a demand draft of Rs. 50,000/- in the name
of the opposite party no. 02 and then only her bail bonds shall
be accepted. The demand draft shall be handed over to the
opposite party no. 02 by the Court below.
(Sandeep Kumar, J)
Vikas/-
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