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Patna High Court

Sujata Kumari @ Sujita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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