Patna High Court
Seema Chaudhary @ Runa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Instruments Act — s. 137(2), 96
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
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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
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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
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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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