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Patna High Court

Seema Chaudhary @ Runa DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners with specified conditions.

Summary

The petitioners, Seema Chaudhary and Suraj Kumar, were arrested in connection with a kidnapping and theft alleged to have occurred on 24 June 2025, for which they were charged under Sections 137(2) and 96 of the Bihar Negotiable Instruments Act. The prosecution alleged that the accused, along with co‑accused, abducted the informant's daughter, concealed her, and stole gold worth Rs. 16 lakh and cash of Rs. 1.25 lakh. The petitioners contended that they were falsely implicated because they are relatives of a co‑accused who had fled, and argued that the FIR does not establish a case against them. The Additional Public Prosecutor opposed bail, highlighting the petitioners' prior criminal antecedents. The Court, after considering the circumstances, ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioners' criminal antecedents without delaying the bail.

Issues considered

  • Whether bail should be granted to the accused under Sections 137(2) and 96 of the Bihar Negotiable Instruments Act in a kidnapping and theft case.
  • Whether the petitioners' prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • theft
  • criminal antecedent
  • Section 137(2)
  • Section 96
  • Bihar
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22349 of 2026
                       Arising Out of PS. Case No.-46 Year-2025 Thana- Bhimnagar District- Supaul
                 ======================================================
           1.     Seema Chaudhary @ Runa Devi W/O Ramashish Sahni Resident of village -
                  Bhimnagar, ward no.- 09, P.s- Bhimnagar, District - Supaul
           2.     Suraj Kumar S/O Ramashish Singh Resident of village - Bhimnagar, ward
                  no.- 09, P.s- Bhimnagar, District - Supaul
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sujeet Kumar
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER
2   06-04-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seeks bail in connection with Bhimnagar

                   P.S. Case No. 46 of 2025 for the offences punishable under

                   Sections 137(2) and 96 of BNS.

                               3.      The prosecution story, in brief, is that on

                   24.06.2025 at about 5:00 'o' clock in the morning the petitioners

                   along with co-accused persons came to the house of the

                   Informant and kidnapped the daughter of the Informant for the

                   purpose of committing wrongful act and also kept the daughter

                   of the informant at some secret place. Further the petitioners and

                   the co- accused persons taken away gold worth Sixteen Lakh

                   Rupees and one lakh twenty-five thousand rupees in cash, which

                   was kept in the house of the Informant.

                               4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in the present case

                   merely on the ground that petitioners are mother and brother of
Patna High Court CR. MISC. No.22349 of 2026(2) dt.06-04-2026
                                            2/3




          co-accused Akash Kumar. From perusal of the F.I.R it appears

          that Akash Kumar was in love with the daughter of the

          informant and they have escaped from the house of the

          informant and both are traceless as yet. Learned counsel for the

          petitioners submits that from perusal of the FIR it appears that

          no case is made out against the petitioners under Sections

          137(2) and 96 of BNS. He further submits that the police after

          investigation submitted the charge sheet under Sections 137(2)

          and 96 of BNS against the petitioners and the petitioner no. 1 is

          in custody since 26.06.2025 and petitioner no. 2 is in custody

          since 27.06.2025 respectively.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners and

          submits that petitioner no. 1 has antecedent of three cases and

          petitioner no. 2 has antecedent of two cases other than the

          present case but fairly submits that petitioners are on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned ACJM, Birpur, Supaul in connection with Bhimnagar
          Patna High Court CR. MISC. No.22349 of 2026(2) dt.06-04-2026
                                                      3/3




                    P.S. Case No. 46 of 2025, subject to the following conditions:-

                                 i. Petitioners shall co-operate in the trial and shall be

                    properly represented on each and every date fixed by the court

                    and shall remain physically present as directed by the court and

                    on their absence on two consecutive dates without sufficient

                    reason, their bail bond shall be cancelled by the Court below.

                                 ii. If the petitioners tampers with the evidence or the

                    witnesses, in that case, the prosecution will be at liberty to

                    move for cancellation of bail.

                                 iii. And further condition that the court below shall

                    verify the criminal antecedent of the petitioners and in case at

                    any stage it is found that the petitioners have concealed their

                    criminal antecedent, the court below shall take step for

                    cancellation of bail bond of the petitioners. However, the

                    acceptance of bail bonds in terms of the above-mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.



                                           (Rajesh Kumar Verma, J)
Gaurav Sinha/-
U      T


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