Patna High Court
Vibha Singh @ Vibha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Vibha Singh and her son Golu Singh, sought anticipatory bail after being implicated in a murder case under Sections 103(1) and 3(5) of the B.N.S., based on an informant's allegation that they hanged the informant's sister. They argued they have clean antecedents, were falsely implicated due to a disapproved relationship between the informant's sister and the son, and that the informant’s testimony was contradictory. The State opposed the bail, fearing the petitioners might abscond. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., while reserving the right of the trial court to cancel the bail if the petitioners fail to cooperate. The order emphasizes cooperation with the investigation and provides a six‑week window for surrender or arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 103(1) and 3(5) of the B.N.S.
- Whether there is a likelihood of the petitioners absconding or not cooperating with the investigation
- Whether the allegations against the petitioners are false and merit bail
Legislation cited
Subjects
- anticipatory bail
- murder
- false implication
- Section 482
- bail conditions
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19170 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- BARARI District- Katihar
======================================================
1. Vibha Singh @ Vibha Devi W/o- Jitendra Singh R/v- Balua Ps- Barari Dist-
Katihar
2. Golu Singh @ Akshans Kumar S/o- Jitendra Singh R/v- Balua Ps- Barari
Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 103(1) and
3(5) of the B.N.S.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are mother and
son. It is next submitted that informant alleges that on
29.08.2023 at 11.30 A.M., he came to his house and saw people
had gathered and one room was locked, hence the room was
opened when he saw his sister hanging, next alleges that his
sister was in a relationship with petitioner no.2 and when the
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said fact was disclosed to his family members, they threatened
to kill him, thus based on suspicion alleges that petitioners along
with Jitendra finding the victim alone entered the house and
forcefully hanged her.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case by the informant. It is next
submitted that sister of the informant was in a relationship with
petitioner no.2 and the relationship was being objected. It is next
submitted that from perusal of the FIR, it would manifest that
informant himself alleges that when he came to his house, he
saw people have gathered and the room was locked from inside
and thus the same was opened when he saw his sister hanging. It
is further submitted that it appears that since informant and his
family members were against the relationship, hence was
torturing the victim which led the victim to commit suicide. It is
also submitted that Jitendra Singh had approached this Court
seeking regular bail by filing Cr. Misc. No.5978 of 2026 and the
same was allowed by an order dated 04.02.2026 passed by a
learned coordinate Bench. It is further submitted that the case of
the petitioners if not akin is similar to the case of Jitendra Singh
but then Jitendra Singh was granted the privilege of regular bail.
It is next submitted that since Jitendra Singh has been granted
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the privilege of regular bail after considering the case on merits,
no useful purpose would be served by sending the petitioners to
jail.
5. Learned A.P.P. Mr. Chandra Bhushan Prasad
opposes the prayer for anticipatory bail of the petitioners and
submits that in the event if privilege of anticipatory bail is
granted, the petitioners may abscond, on which, the learned
counsel appearing on behalf of the petitioners submits that
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Barari P.S. Case No.278/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners
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despite giving assurance to this court are not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioners.
(Satyavrat Verma, J)
amit/-
U T
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