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Patna High Court

Sudhir Kumar @ Sudhir Singh @ Sudhir Prasad SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, holding that the allegations were insufficient to justify their arrest and that bail was appropriate under Section 482(2) of the B.N.S.S.

Summary

Sudhir Kumar and Nilam Devi, parents of accused Randhir Kumar, filed a petition fearing arrest in a case (Mahila P.S. Case No. 08 of 2026) involving alleged offences under Sections 69, 318, 318(2) and 61 of the B.N.S. The prosecution alleged that the petitioners facilitated a marriage proposal for their son, who allegedly defrauded a woman of Rs. six lakh. The petitioners contended they were falsely implicated, had no knowledge of their son’s whereabouts, and were being harassed by creditors of the son. The court examined the possibility of false accusation and the lack of concrete evidence linking the petitioners to the alleged offences. Considering these factors, the court ordered that the petitioners be released on bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 482(2) of the B.N.S.S., including attendance in court as required.

Issues considered

  • Whether the petitioners can be arrested in connection with the offences alleged under Sections 69, 318, 318(2) and 61 of the B.N.S.
  • Whether the allegations against the petitioners constitute a false accusation warranting bail.
  • Whether bail should be granted subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • false accusation
  • marital fraud
  • criminal procedure
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30268 of 2026
                        Arising Out of PS. Case No.-8 Year-2026 Thana- MAHILA P.S. District- Patna
                 ======================================================
           1.     Sudhir Kumar @ Sudhir Singh @ Sudhir Prasad Singh S/o Late Ram Gulam
                  Singh Resident of Moldiyar Tola, Chairman Road, ward No 10, PO and PS-
                  Mokama, Dist.- Patna
           2.    Nilam Devi W/o Sudhir Kumar Resident of Moldiyar Tola, Chairman Road,
                 ward No 10, PO and PS- Mokama, Dist.- Patna

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Harshit Ranjan, Advocate
                                                   Mr.Anand Kumar Tiwari, Advocate
                                                   Mr. Aditya Bharadwaj, Advocate
                 For the Opposite Party/s :        Mr.Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   08-05-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                    2. In the present case, the petitioners are

                   apprehending their arrest in connection with Patna Mahila P.S.

                   Case No. 08 of 2026 registered for the offences under Sections

                   69, 318, 318(2), 61 of B.N.S.

                                        3. As per prosecution case, co-accused Randhir

                   Kumar claiming himself to be a divorced person, giving

                   inducement of marriage to the informant, a divorced lady

                   entered into frequent sexual intercourse with her and continued
Patna High Court CR. MISC. No.30268 of 2026(2) dt.08-05-2026
                                            2/4




          this relation for sometime. Meanwhile, he also cheated the

          informant Rs.Six lakh. The allegation against the petitioners,

          who are parents of co-accused Randhir Kumar, is that petitioner

          no. 1 made a call to the father of the informant giving a proposal

          of marriage of his son.

                            4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. From the story made in the written report leading to

          registration of FIR, it is not believable that the petitioner no. 1

          gave any proposal of marriage to the father of the informant as

          no details have been mentioned. Learned counsel further

          submits that the co-accused son of the petitioners has been

          working as Assistant Manager in State Bank of India, Mokama

          Branch and he has taken loan from a number of persons and

          invested the money in share market. Now the persons, who have

          lent the money, are torturing the petitioners for return of the

          money though the petitioners have broken all relationship with

          their co-accused son, who has been absconding for last two

          years. Learned counsel further submits that the petitioners are

          not even aware of whereabout of their co-accused son. The

          falsity of allegation is also apparent from the fact that though

          there is no allegation against petitioner no. 2, still being the
Patna High Court CR. MISC. No.30268 of 2026(2) dt.08-05-2026
                                            3/4




          mother of the co-accused, she has been roped in the present

          case. The petitioners were having clean antecedent, however

          Patna Mahila P.S. Case No. 07 of 2026 has been instituted on

          the same day, i.e., 14.01.2026 making similar type of allegation.

                       5. Learned APP opposes the submission made on

          behalf of the petitioners.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          peculiarity of the case and possibility of false accusation, let the

          petitioners above named, in the event of their arrest or surrender

          before the court concerned within a period of eight weeks from

          today, be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned Judicial

          Magistrate, Ist Class, Patna/concerned court in connection with

          Patna Mahila P.S. Case No. 08 of 2026, subject to the condition

          as laid down under Section 482(2) of the B.N.S.S. and other

          following conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioners.

                                          (ii) The petitioners will remain present

                                          on each and every date fixed by the
            Patna High Court CR. MISC. No.30268 of 2026(2) dt.08-05-2026
                                                        4/4




                                                      court below, if so required by the

                                                      learned trial court.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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