Patna High Court
Devki Solanki @ DevakiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted because the allegations were serious and the material on record sufficiently linked the petitioners to the offence.
Summary
The petitioners, three women, were arrested in connection with a fraud case (Sonki P.S. Case No. 05 of 2025) involving alleged cheating of a shop owner by demanding Rs. 3,50,000 for gold that was never delivered. The prosecution alleged that they are members of an interstate gang engaged in similar frauds elsewhere. The petitioners applied for regular bail under Sections 303(2), 316(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The court examined the seriousness of the allegations and the material linking the accused to the offence. Finding the accusations grave and the evidence sufficient, the court declined to grant regular bail and dismissed the application.
Issues considered
- Whether regular bail can be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 in view of the seriousness of the fraud allegations
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 316(2), 318(4), 61(2)
Subjects
- regular bail
- fraud
- interstate gang
- Bharatiya Nyaya Sanhita
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18267 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- Sonki District- Darbhanga
======================================================
1. Devki Solanki @ Devaki W/o Jaggu Solanki R/o Village- Gular ka Nagla,
Naiyee Aabadi, Bodla, P.S.- Jagdishpur, Distt.- Agra, Uttar Pradesh
2. Arti @ Atri Devi W/o Lakshman R/o Sultanpuri, B4/245, Presently Karan
Public School, Gali No. 1, P.S., Aman Vihar, Sultanpuri, Distt-Delhi
3. Mina Devi W/o Shankar Lal R/o sector 20, P.S.- Rohini, Sultanpuri, Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Jha
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-03-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Sonki P.S. Case No. 05 of 2025 registered for the offence under
Sections 303(2), 316(2), 318(4), 61(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioners, all
women, are alleged members of an interstate gang that cheats
people by gaining their trust. In this case, the informant, who
runs Gungun Vastralaya in Sonki, was lured into paying Rs.
3,50,000 in advance for two kilograms of gold after being
shown a genuine sample. The accused then disappeared, and it
Patna High Court CR. MISC. No.18267 of 2025(4) dt.26-03-2026
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is alleged they have committed similar frauds in other places.
The petitioner are in custody since 09.01.2025.
4. The allegations against the petitioners are serious
and grave in nature. There is sufficient material on record to
connect the petitioners with the commission of the offence.
5. Considering the seriousness of the allegations
levelled against the petitioners, this Court is not inclined to
grant regular bail to the petitioners.
6. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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