Patna High Court
Sudarshan OjhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners sought anticipatory bail in a case (PS Case No.803 of 2024) alleging offences under Sections 137(2), 140(3) and 3(5) of the BNS, stemming from the alleged disappearance and presumed murder of the informant’s daughter, who was married to petitioner No.2. The petitioners argued that the marriage had lasted twelve years without any dowry or domestic violence complaints, and that the missing woman suffered from mental illness and habitually left home, with police reports indicating she voluntarily disappeared. The State opposed bail, contending that the husband, as the victim’s spouse, was responsible for her safety and should not enjoy bail privilege. The court examined the evidentiary record, noting the case was founded on suspicion and that investigations showed the woman left home of her own accord, with no concrete evidence linking the petitioners to a crime. Relying on Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, the court granted anticipatory bail to the petitioners, subject to a bond of Rs.10,000 with two sureties and a condition that one bailor be a close family member.
Issues considered
- Whether anticipatory bail can be granted when the prosecution case is based solely on suspicion and the alleged victim is missing but possibly voluntarily absent.
- Whether the husband of the missing woman can be denied bail on the ground of alleged responsibility for her safety.
- Applicability of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- BNS — s. 137(2), 140(3), 3(5)
Subjects
- anticipatory bail
- suspicion
- missing person
- mental illness
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49105 of 2025
Arising Out of PS. Case No.-803 Year-2024 Thana- BASANTPUR District- Siwan
======================================================
1. Sudarshan Ojha S/O Late Dineshwar Ojha R/O Village-Basauli, P.S.- Lakri
Naviganj, District -Siwan
2. Pramod Ojha@Pramod Kumar Ojha S/O Sudarshan Ojha R/O Village-
Basauli, P.S.- Lakri Naviganj, District -Siwan
3. Minta Devi W/O Pappu Pandey @ Pappu Kumar Pandey R/O Village-
Khorampur, PS-Mahmadpur, Distt-Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Adv.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 21-01-2026 Heard the learned Advocate for the petitioners and the
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Basantpur (Lakri Naviganj) P.S. Case No. 803
of 2024, registered for the offences punishable under Sections
137(2), 140(3) and 3(5) of the BNS.
3. The marriage of the daughter of the informant was
solemnized with the petitioner no. 2 twelve years ago. Since the
daughter of the informant was the only legal heirs, hence the
informant had executed the sale deed of his entire land in her
favour in the year 2016. Despite the aforesaid facts, the accused
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persons got the land sold through her daughter and further
pressurized the victim and informant for transfer of some more
land. It is suspected that the accused persons have killed the
informant’s daughter and disappeared her body.
4. Learned Advocate for the petitioners submitted
that admittedly the marriage of the informant’s daughter with
the petitioner no. 2 was solemnized twelve year ago and the
couple also blessed with a son; now aged about nine years and
a daughter aged about four years. None of the children have
made any allegation with regard to any demand of dowry and
torture. The entire prosecution case is based upon suspicion on
account of disappearance of the informant’s daughter. During
the course of investigation, the materials have collected which
clearly demonstrate that the informant’s daughter was suffering
from some mental illness and her treatment was going and in
fact, she was in the habit of leaving her house on intermittent
interval. After the occurrence of disappearance of the
informant’s daughter, all the efforts have been taken to recover
her. For the said purpose, the photographs of the victim has
also been pasted on all the conspicuous place, besides
announcements have been made on different places, but the
accused persons could not succeeded to get her whereabouts. A
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report has also been called from the Superintendent of Police,
Siwan; he has also categorically supported the aforenoted facts
and submitted that on the alleged date of occurrence, she left her
house without disclosing anyone and till date, her whereabouts
could not be traced. The medical prescriptions to support the
aforesaid contention has also been placed on record as
Annexure-P/2 series.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
petitioner no. 2, being husband of the deceased, is responsible
for her safety and if the whereabouts of the victim could not be
traced out, he does not deserve the privilege of anticipatory bail.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that the entire case is based upon suspicion, beside the
fact that the marriage was solemnized twelve years ago and
there had never been any complaint and during the course of
investigation, the materials have collected which suggest that
the victim was under the treatment and on the alleged date of
occurrence, she left her house without disclosing her
whereabouts, let the petitioners above named be released on
bail, in the event of their arrest or surrender before the court
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below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.-
I, Siwan in connection with Basantpur (Lakri Naviganj) P.S.
Case No. 803 of 2024, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
with the further condition that one of the bailors shall be the
own/close family members of the petitioners.
(Harish Kumar, J)
shivank/-
U T
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