Created by Fuzzy Cloud

Patna High Court

SUDHA DEVIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted to the petitioner on the basis of the delay in FIR, submission of charge‑sheet, clean antecedent and lack of risk of tampering or absconding.

Summary

Sudha Devi was arrested in a case registered under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita for alleged kidnapping and possible murder of a minor sister of the informant. The prosecution’s case was based on the informant’s suspicion that persons whose mobile numbers were blocked by his sister had abducted her. The petitioner’s counsel argued that she was falsely implicated, had no involvement in the alleged love affair between the victim and Rohit Kumar, and highlighted an eight‑day delay in filing the FIR, a clean criminal record, and that the charge‑sheet had already been filed. The State opposed bail, contending a risk of tampering and flight. The Court, noting the delay in FIR, the submission of the charge‑sheet, the petitioner’s clean antecedents and the period already spent in custody, granted regular bail on a bond of Rs.10,000 with two sureties, directing compliance with the Additional Chief Judicial Magistrate‑IV, Vaishali.

Issues considered

  • What is the applicability of regular bail under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita in the present facts?
  • Does the delay in filing the FIR and the filing of the charge‑sheet affect the grant of bail?
  • Is there a likelihood of the petitioner tampering with evidence or absconding?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • delay in FIR
  • charge‑sheet
  • clean antecedent
  • kidnapping
  • murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11986 of 2026
                       Arising Out of PS. Case No.-1081 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Sudha Devi Wife of Pappu Singh @ Amarjit Kumar Singh @ Amarjit Kumar
                 Resident of village - Karihon, P.S.- Mahua, District - Vaishali at Hajipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhinav Shandilya, Advocate
                 For the Opposite Party/s :        Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence punishable under Sections 137(2) and 96 of

                   Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, informant, Badal

                   Kumar raised suspicion that some persons, whose mobile

                   numbers were blocked by the informant’s sister, kidnapped his

                   minor sister with bad intention. He also suspected about the

                   murder of his sister.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Further

                   submission is that there was love affairs of the victim with one

                   Rohit Kumar, and petitioner, being the mami of Rohit Kumar,
            Patna High Court CR. MISC. No.11986 of 2026(2) dt.25-02-2026
                                                        2/2




                      has been falsely implicated in this case on the basis of suspicion.

                      She has no concern with the affairs of said Rohit Kumar and the

                      victim girl. There is an inordinate delay of eight days in lodging

                      the F.I.R. The charge-sheet has already been submitted after

                      completion of investigation. Petitioner is in custody since

                      10.12.2025 having no criminal antecedent and she undertakes to

                      co-operate in the trial. There is no chance of tampering with the

                      evidence or absconding of the petitioner.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case as well as the fact that charge-sheet has been

                      submitted, delay in filing the F.I.R., clean antecedent of the

                      petitioner and period of custody undergone, let the above named

                      petitioner 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 learned Additional Chief Judicial

                      Magistrate-IV,        Vaishali      at   Hajipur/concerned   Court   in

                      connection with Mahua P.S. Case No. 1081 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.