Patna High Court
Sujata Kumari @ Sujita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated bond and sureties under Section 482(2) of the BNSS.
Summary
The petitioners, Sujata Kumari and Nitish Kumar, feared arrest in a criminal case registered under Sections 126(2), 115(2), 64, 89, 351, 352 and 3(5) of the BNS, which alleged that co‑accused Gaurav Kumar had pretended marriage with the informant and later refused to marry her. The petitioners contended that they were falsely implicated, being merely the sister and brother‑in‑law of Gaurav Kumar, and that the trial court had taken cognizance only against Gaurav, not against them. They also highlighted that Gaurav Kumar had already been granted bail by a coordinate bench in Cr. Misc. No. 43976 of 2025 and that they possessed a clean antecedent. The court, after hearing counsel, granted anticipatory bail to both petitioners, subject to a bail bond of Rs 10,000 and two sureties each, under Section 482(2) of the BNSS. The order directed that they be released on anticipatory bail if arrested or they surrender within six weeks.
Issues considered
- Whether the petitioners, Sujata Kumari and Nitish Kumar, are entitled to anticipatory bail under Section 482(2) of the BNSS despite the FIR allegations.
- Whether the petitioners have been falsely implicated and have no substantive role in the offence alleged against Gaurav Kumar.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115, 126, 3, 351, 352, 64, 89
Subjects
- anticipatory bail
- false implication
- Section 482
- criminal procedure
- bail bond
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5230 of 2026
Arising Out of PS. Case No.-2 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
1. Sujata Kumari @ Sujita Kumari, aged about 28 years, W/O Nitish Kumar,
R/O Village- Habunagar, P.S- Chandradeep, Distt.- Jamui.
2. Nitish Kumar, aged about 38 years, Sex-Male, S/O Pyare Mahto @ Pyarelal
Mahto, R/O Village- Habunagar, P.S- Chandradeep, Distt.- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX, R/O Village- Naya Tola, Hasanganj, P.S- Sheikhpura, Distt.-
Sheikhpura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 64, 89, 351, 352 and 3(5) of the BNS.
3. As per allegation in the FIR, co-accused Gaurav
Kumar established physical relationship with the informant on
the pretext of marriage and thereafter he refused to marry her.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. He next
Patna High Court CR. MISC. No.5230 of 2026(2) dt.17-02-2026
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submits that after investigation, final form has been submitted
against both the petitioners as not sent up for trial and the
learned trial Court took cognizance on 30.05.2005 only against
main co-accused Gaurav Kumar and not against both the
petitioners. He next submits that petitioner no.2, namely, Nitish
Kumar is brother-in-law and petitioner no.1, namely, Sujata
Kumari is the sister of main co-accused, namely, Gaurva Kumar
and they have no role in this case as alleged in FIR as stated in
para-11 of the petition. He next submits that main co-accused
Gaurav Kumar has already been granted bail by a Co-ordinate
Bench of this Court passed in Cr. Misc. No. 43976 of 2025.
Petitioners have got clean antecedent as stated in para-3 of the
petition.
5. In view of the aforesaid facts as well as the fact that
main co-accused has already been granted bail by a Co-ordinate
Bench of this Court, so let the above named both petitioners be
released on anticipatory bail, in the event of their arrest or
surrender before the court below within a period of six weeks
from today, on furnishing bail bond of Rs.10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions Judge-
cum-Exclusive Special Judge (POCSO), Sheikhpura in
Patna High Court CR. MISC. No.5230 of 2026(2) dt.17-02-2026
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connection with Ariyari P.S. Case No. 02 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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