Kumari Pushpa @ Pushpa Devi @ Puspa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15458 of 2025 Arising Out of PS. Case No.-218 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== Kumari Pushpa @ Pushpa Devi @ Puspa Kumari, W/O Vinod Kumar, R/O Village- Rajepur, P.S- Rajepur, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bal Govind Sharma, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
02. In the present case, the petitioner is apprehending her arrest in connection with Madhuban P.S. Case No. 218 of 2021 registered for the alleged offences under Section 406, 420, 504, 506, 120B, 34, 467, 468 & 471 of the Indian Penal Code and Section 3 of the Bihar Protection of Interest of Depositors Act, 2002.
03. As per prosecution case, the informant and other ladies were induced in forming groups of twenty by co-accused Nirbhay Kumar Yadav and other co-accused persons and the ladies numbering twenty paid Rs. 22,500/- each and in this manner Rs. 4,50,00,000/- was handed over to co-accused Nirbhay Kumar Yadav who made the informant and other lady
2/4 members of one Mother Teresa Future Foundation Trust, Chennai. Further allegation is that the co-accused Nirbhay Kumar Yadav in conspiracy with other persons of different finance companies took loan in the names of the informant and other lady members and, thus, received Rs. 4 crore as loan amount. Co-accused Nirbhay Kumar Yadav embezzled the amount deposited by the informant and other ladies as well as taken as loan in their names. The name of the petitioner transpired during investigation in also being involved in the said occurrence.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The learned counsel further submits that the petitioner has nothing to do with the misappropriation of the fund deposited by the informant and others and there is no allegation against her, allegation is against co-accused Nirbhay Kumar Yadav. The petitioner has no concern with the Mother Teressa Future Foundation Trust and from the F.I.R., it is clear that the said trust is being run by the co-accused Nirbhay Kumar Yadav. The petitioner is neither partner nor agent nor employee or associate of the co-accused. Her name has come during investigation in the confessional statement of co-accused Nirbhay Kumar Yadav
3/4 but the said statement is without legal sanctity. It was further submitted that there is no material to show the involvement of the petitioner in the whole occurrence. The petitioner, who is a lady, is having clean antecedent.
05. Learned A.P.P. for the State opposes the submission made on behalf of the petitioner.
06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague nature of accusation and further possibility of false accusation and her clean antecedent, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Court of learned C.J.M., Motihari in connection with Madhuban P.S. Case No. 218 of 2021, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court
4/4 below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T