Pooja Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60749 of 2025 Arising Out of PS. Case No.-200 Year-2022 Thana- EKMA District- Saran ====================================================== Pooja Kumari, aged about 30 years, Gender-Female, D/o- Hridaya Lal Baitha, Resident of Village - Shambhopur, P.O. - Mahuari, P.S.- G.B Nagar, District - Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Ekma P.S. Case No. 200 of 2022 dated 19.05.2022 registered for the offences punishable under Sections 420, 120(B) and 406 of the I.P.C.
3. As per the prosecution case, on 13.01.2022, the petitioner alongwith her mother Urmila Devi came at the house of the informant and offered government job to her and her brother, namely, Arvind Kumar Baitha in Patna Secretariat by claiming higher contacts as her husband was posted as A.S.P. in
2/4 Patna City and showed photos of some candidates who were given job. They demanded Rs. 10,00,000/- till 17.02.2022 and accordingly, between 17.02.2022 to 09.03.2022, total Rs. 9,00,000/- was transferred in the Canara Bank Account, Gandhi Maidan Branch, Patna of Pooja Kumari (petitioner) bearing Bank Account No. 110033659490. When the informant, as assured, did not receive the appointment letter till 12.03.2022, she inquired and came to know that Pooja Kumari (petitioner) and her parents are fraudsters who cheats innocent people on the pretext of giving government job. Therefore, the petitioner and her parents under criminal conspiracy cheated the informant by obtaining Rs. 9,00,000/- for a government job. It is further alleged that when the informant demanded her money back, the accused persons threatened her of dire-consequences.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged occurrence took place on 13.01.2022 and the F.I.R. has been lodged on 19.05.2022 and there is delay of 51⁄2 months in lodging the F.I.R., and no explanation for such delay has been given by the prosecution. It is submitted that the real fact of the case is that the informant took money as a loan from the petitioner and the informant
3/4 made part payment and when the rest amount was demanded by the petitioner from the informant, the informant has lodged the present false case against the petitioner and her family members. There is general and omnibus allegation against the petitioner, hence, Section 406 of the I.P.C. is not made out against the petitioner. It is further submitted that Section 420 of the I.P.C. is not made out against the petitioner because the petitioner has not taken money to provide job rather it was a friendly loan. No cheating, forgery or criminal breach of trust was committed by the petitioner and thus no offences under Sections 406 and 420 of the I.P.C. is made out against the petitioner. The petitioner has four criminal antecedents which are similar nature of offences in which the petitioner is on bail as stated in paragraph no. 3 of the bail petition. The petitioner is a lady. The petitioner is in custody in this case since 20.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class,
4/4 Saran at Chapra in connection with Ekma P.S. Case No. 200 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T