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Patna High Court

Subodh @ Subodh Kumar @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that pre‑arrest bail could not be granted as the allegations are serious and the medical evidence confirms dangerous injuries to the informant.

Summary

The petitioner, Subodh Kumar, was charged under several sections of the BNS for allegedly stuffing cloth in his wife's mouth and throwing her from a rooftop, causing serious injuries. He contended that the wife had jumped voluntarily, that the medical reports did not support the alleged injuries, and that the FIR was filed after an unreasonable delay, suggesting a false case. The State opposed the bail, emphasizing the seriousness of the allegations and the dangerous nature of the injuries as per the doctor's opinion. The court examined the FIR, the bail application, and the medical evidence, noting the seriousness of the charges and the relationship issues indicated. Concluding that the allegations warranted continued custody, the court denied the petitioner's pre‑arrest bail application.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving alleged attempt to murder and grievous hurt under sections 115(2), 126, 351(2), 352, 109, 74 and 3(5) of the BNS.
  • Whether the delay in filing the FIR and the petitioner's claim of a false case affect the grant of bail.
  • Whether the medical evidence indicating dangerous injuries justifies denial of bail.

Legislation cited

  • BNS — s. 109, 115(2), 126, 3(5), 351(2), 352, 74

Subjects

  • pre‑arrest bail
  • false FIR
  • grievous hurt
  • domestic violence
  • medical evidence
  • delay in FIR
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45123 of 2025
                         Arising Out of PS. Case No.-830 Year-2024 Thana- DIGHA District- Patna
                 ======================================================
                 Subodh @ Subodh Kumar @ Chhotu Kumar, Male, aged about 43 years, son
                 of Suresh Yadav, Resident of Village/Mohalla- Kurji Balupar, Ganga Nagar,
                 P.S.- Digha, District- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Pushpa Devi W/O Subodh @ Subodh Kumar @ Chhotu Kumar D/O
                 Rameshwar Rai, presently resident of Village- Anandpur, P.S- Maner/Bihta,
                 Distt.- Patna, permenently at Village/Mohalla- Kurji Balupar, Ganga Nagar,
                 P.S- Digha, Distt.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Avinash Kumar Singh, Advocate
                 For the State           :        Mr. Gauri Shankar Gupta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   21-01-2026                     Heard Mr. Avinash Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Gauri Shankar

                   Gupta, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Digha P.S. Case No. 830 of 2024 registered for the offence

                   punishable under Sections 115(2), 126, 351(2), 352, 109, 74 and

                   3(5) of the BNS.

                                 3. As per the allegation made in the FIR, petitioner,

                   who is the husband of the informant, along with his family

                   members, had stuffed cloth in her mount and thrown her from

                   the rooftop, due to which, she had sustained several injuries and
Patna High Court CR. MISC. No.45123 of 2025(5) dt.21-01-2026
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          became unconscious and when she regained consciousness, she

          came to know that she was admitted in Asian Hospital.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner no such incidence, as

          alleged in the FIR, had taken place. The informant herself

          jumped from the rooftop of the third floor and the petitioner was

          the one, who had taken the informant to the hospital along with

          her father, who is a police officer in Bihar Police. He further

          submitted that even the discharge summery don't support the

          allegation that the informant was thrown from the third floor of

          the house, which will not only lead to severe hemorrhage, at the

          same time, inevitable death. The C.T. Scan, which was

          conducted at Department of Ortho and Joint Replacement, Asian

          Hospital where she was admitted, also don't support the injuries,

          which the informant had suffered, though, she was treated there

          for seven days and petitioner had incurred the expenses of

          treatment of the informant. The informant was discharged on

          14.09.2024 and FIR was lodged on 12.11.2024. The delay in

          filing of the FIR itself shows that in a planned manner, the

          petitioner and his family members have been implicated in a

          false case. Learned counsel further submitted that as per

          instruction, he has made a specific statement in paragraph no. 10
Patna High Court CR. MISC. No.45123 of 2025(5) dt.21-01-2026
                                            3/4




          of the bail application that father of the informant is a senior

          police officer in Bihar Police and the petitioner with a view to

          secure safety of his family members, insisted upon a written

          apology from the informant as a pre condition for taking her

          back that the present false FIR has been lodged against the

          petitioner and his family members including married sisters of

          the petitioner. He further submitted that petitioner is preparing

          for several competitive examination and once he is taken into

          custody, his career will be spoiled. On these grounds, petitioner

          seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. I have perused the allegation made in the FIR, as

          well as, the pleadings made in the bail application and from the

          statement made in paragraph no. 10 of the bail application, it

          appears that petitioner was not having good relationship with

          the informant, which forced him to put pre condition for taking

          the informant back to her matrimonial house, though, the same

          can be proved in course of trial. From the perusal of the

          information contained in the impugned order, it appears that as

          per the opinion of the doctor, the injuries sustained by the

          informant were found to be dangerous in nature, which finds
              Patna High Court CR. MISC. No.45123 of 2025(5) dt.21-01-2026
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                        support from the discharge summery also, which the petitioner

                        has brought on record by way of 'Annexure-P/2 series'.

                                     7. Considering the nature of allegation, as well as, the

                        materials on record, I am not inclined to enlarge the petitioner

                        on pre-arrest bail.

                                     8. Accordingly, the present bail application stands

                        dismissed.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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