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Patna High Court - Orders

Rita Devi @ Rita Yadav vs The State Of Bihar on 27 April, 2026

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67573 of 2025
                      Arising Out of PS. Case No.-633 Year-2022 Thana- AGAMKUAN District- Patna
               ======================================================
           1 . Rita Devi @ Rita Yadav W/o- Ajay Kumar Residents of Flat No. 403 Lap
                Heights Apartment Bajarangpur Biskoman Colony, P.S- Alamganj, District-
                Patna
           2.    Madhulika Kumari D/o- Ajay Kumar Residents of Flat No. 403 Lap Heights
                 Apartment Bajarangpur Biskoman Colony, P.S- Alamganj, District- Patna

                                                                                     ... ... Petitioner/s
                                                           Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :       Mrs. Nivedita Nirvikar , senior Advocate
                                                      Mr. Shashikant , Advocate
                                                      Ms. Riya Raj, Advocate
                                                      Mr. Praveen Kumar , Advocate

                 For the Opposite Party/s :           Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   27-04-2026

Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant/Opposite Party No. 2.

2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 406, 419, 420 and 379 of IPC .

3 . As per F.I.R. co-accused Rahul Kumar who was working as general manger in company of informant embezzled a total of Rs. 2.5 crores and committed breach of trust and deposited the money in his account as well as his family and Patna High Court CR. MISC. No.67573 of 2025(5) dt.27-04-2026 2/4 friends account. During investigation it has come that two transaction of Rs. 1,50,0000/- and Rs. 1,00,,000/- was transferred in the accounts of these petitioners.

4. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners are innocent and have committed no offence . Petitioner No. 1 is mother and petitioner No. 2 is sister of co-accused Rahul Kumar. Petitioners are victim of circumstances and have been dragged in this case merely because they are family members of co- accused Rahul Kumar. However, at this stage, without admitting their guilt, petitioners are ready to deposit the amount allegedly transferred in their account, amounting to Rs. 1,50,000/- + 1,00,000/- = 2,50,000/-, in easy monthly installments. Petitioners claim clean antecedents.

5. On the other hand, learned A.P.P. for the State vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, aforesaid undertaking of the petitioners and clean antecedents, provisional bail.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Patna High Court CR. MISC. No.67573 of 2025(5) dt.27-04-2026 3/4 petitioners be enlarged on provisional bail for a period of six months on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-IV Patna City in connection with Agam Kuan P.S. Case No. 633 of 2022 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, along with the following terms and conditions:

A. Petitioners shall deposit a sum of Rs.
50,000/- (fifty thousand rupees) each through demand draft in the account of opposite party No. 2 and produce a receipt of the same at the time of furnishing bail bond.
B. Rest amount i.e. Rs. 1,50,000/- (Rupees one lakh fify thousand) shall be deposited by the petitioners through demand draft in account of opposite party No. 2 in two equal installments within a period of three months from the date of furnishing bail-bond. C. The aforesaid payment shall be subject to the final outcome of the case.
D. If petitioners fail to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioners. E. The learned trial court shall confirm the provisional bail of the petitioners after being satisfied that the petitioners have paid the entire amount, as mentioned here-in-above." Patna High Court CR. MISC. No.67573 of 2025(5) dt.27-04-2026 4/4

8. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

(Prabhat Kumar Singh, J) Koushik/-

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