Patna High Court
Soni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
Soni Devi and Khushbu Kumari, sisters from Pipara, sought anticipatory bail fearing arrest in a case (Sahajitpur P.S. Case No. 01 of 2026) registered under Sections 96 and 3(5) of the Bihar Narcotic Substances Act. The informant alleged that his minor daughter disappeared after being taken by Vicky Kumar Singh, who was in a relationship with the girl. The petitioners contended they had no involvement and that the alleged conspiracy was solely by Vicky and his family. The court, after hearing both sides, found no criminal antecedent against the petitioners and granted them anticipatory bail subject to strict conditions, including surety, cooperation with police, and non‑interference with witnesses. The order directed that the bail be effective if they are arrested or surrender within four weeks, with a bond of Rs. 10,000 and two sureties each.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 96 and 3(5) of the Bihar Narcotic Substances Act.
- Whether there is a likelihood of the petitioners tampering with evidence or influencing witnesses.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 96
Subjects
- anticipatory bail
- criminal procedure
- Bihar Narcotic Substances Act
- Section 96
- Section 3(5)
- minor disappearance
- witness tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29592 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- SAHAJITPUR District- Saran
======================================================
1. Soni Devi W/O Nagendra Singh R/O Vill.- Pipara, P.S.- Sahajitpur, Dist.-
Saran
2. Khushbu Kumari D/O Nagendra Singh R/O Vill.- Pipara, P.S.- Sahajitpur,
Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the State : Mr. Shyameshwar Dayal, APP
For the Informant : Mr. Gajendra Nath Ojha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Sahajitpur P.S. Case No. 01 of 2026 registered
for the offence under Sections 96 and 3(5) of the B.N.S., lodged
on 02.01.2026 by the informant, Santosh Kumar Singh.
3. As per the prosecution story, the informant alleged
that his minor daughter went out to the coaching centre but
failed to return. Later, it came to notice that Vicky Kumar Singh
alongwith his family members had ensured the disappearance of
his daughter. Upon query, abuse and assault. This led to the
F.I.R.
4. Learned counsel for the petitioner submits that
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Vicky Kumar Singh was having in relationship with the girl in
question who has since returned, the mother and sister who are
petitioner herein have no role to play in the matter.
5. As the informant has appeared, Mr. Singh submits
that with the active connivance of all the family members, the
minor girl disappeared.
6. Having heard the parties, the allegation is under
Vicky Kumar Singh, the petitioners herein are ladies having no
criminal antecedent, in that background, this Court is inclined to
extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Sessions Judge, Saran at Chapra, in
connection with Sahajitpur P.S. Case No. 01 of 2026 subject to
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
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Station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
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