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Patna High Court

Sudarshan OjhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.49105 of 2025(4) dt.21-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.49105 of 2025(4) dt.21-01-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.49105 of 2025(4) dt.21-01-2026
                                                        4/4




                      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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