Patna High Court
SUDHA DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nyaya Sanhita — s. 137(2), 96
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
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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/-
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