Patna High Court
Pragati KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, a 20‑year‑old woman, sought bail in a case registered under Sections 103(1) and 3(5) of the BNS concerning the death of her husband, the son of the informant. The prosecution alleged that the petitioner and her family were involved in the death, based largely on the informant’s suspicion, while the petitioner claimed innocence and highlighted the lack of concrete evidence, including an inconclusive post‑mortem report. The petitioner had no prior criminal record and had been in custody since September 2025, with a charge sheet already filed. The State opposed bail, but the court noted the vague nature of the allegations, the petitioner’s youth, and the absence of specific incriminating material. Consequently, the court ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the allegations and the charge sheet.
- Whether the suspicion of the informant constitutes sufficient ground to deny bail.
- Whether the petitioner’s age, lack of criminal antecedents, and the inconclusive forensic evidence warrant bail.
Legislation cited
Subjects
- bail
- suspicion
- murder
- love marriage
- charge sheet
- young woman
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1371 of 2026
Arising Out of PS. Case No.-864 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Pragati Kumari S/o Late Robin Kumar Singh and D/o Sh. Purshottam Mani
Tiwari R/o Vill- Sugauli, Ward No. 09, P.S.- Shikarpur, Distt- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Namrata Mishra, Sr. Adv.
Mrs. Archana Jha, Adv.
Ms. Anamika Kumar, Adv.
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Shikarpur P.S. Case No. 864 of 2025, registered
for the offences under Sections 103(1), 3(5) of the BNS.
3. As per the prosecution case, petitioner solemnized
love marriage with the son of the informant who subsequently
died and informant showed her suspicion that the petitioner and
her family members were involved in causing death of her son.
4. Learned senior counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and she has
been falsely implicated in this case and there is no material to
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show the involvement of the petitioner in the death of the son of
the informant. From the FIR, it is clear that the petitioner is a
lady aged about 20 years and she solemnized marriage with the
son of the informant after a love affair. If the petitioner were
involved in causing his death she would not have informed the
informant about deteriorating health condition of her husband,
the son of the informant. There is no specific allegation against
the petitioner and the allegation is based only on suspicion of
the informant. Even from the post mortem report, it appears no
cause of death has been given though viscera has been reserved.
Learned senior counsel reiterated that the petitioner is only aged
about 20 years and she has become a victim of circumstances.
The petitioner is having no criminal antecedent and she is in
custody since 04.09.2025 and charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that petitioner is a young lady and also considering vague
nature of allegation and further considering submission of
charge sheet against her, the petitioner is directed to be released
on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.1371 of 2026(2) dt.15-01-2026
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Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned CJM, Bettiah, West
Champaran/concerned court, in connection with Shikarpur P.S.
Case No. 864 of 2025, subject to the condition laid down under
Section 480(3) of the BNSS 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
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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