Patna High Court
Subodh @ Subodh Kumar @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
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
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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
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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
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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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