Created by Fuzzy Cloud

Patna High Court

Pragati KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 103(1), 3(5)
  • BNSS — s. 480(3)

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
Patna High Court CR. MISC. No.1371 of 2026(2) dt.15-01-2026
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

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

Sign in to read

Checking your session…

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