Patna High Court
Archana KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted as the petitioner has cooperated, poses no risk of tampering, and humanitarian considerations outweigh the prosecution’s objections.
Summary
Archana Kumari, a counsellor at a short‑stay home, was charged in a CBI investigation for offences under IPC sections 341, 342, 323, 504, 34, POCSO Act section 8 and later Juvenile Justice Act section 75, relating to alleged sexual exploitation of women inmates. She has been in custody since 15‑12‑2025 and applied for bail, stating she had cooperated with the investigation, was newly married, and is caring for a four‑year‑old child. The CBI opposed bail, arguing the petitioner delayed surrender and could hinder the trial. The Patna High Court considered the length of custody, the petitioner’s cooperation, lack of any allegation of evidence tampering, and the humanitarian factor of her child, and allowed the bail application. The court ordered bail on a bond of Rs 10,000 with two sureties, subject to the condition that she appear in court or through counsel on all trial dates, warning that non‑compliance would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
- Whether humanitarian considerations, such as the petitioner’s infant child, justify granting bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 342, 504
- Juvenile Justice (Care and Protection of Children) Act — s. 75
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- CBI
- sexual exploitation
- short stay home
- IPC
- POCSO
- Juvenile Justice Act
- child custody
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5375 of 2026
Arising Out of PS. Case No.-8 Year-2019 Thana- C.B.I CASE District- Patna
======================================================
Archana Kumari D/O Sanjay Kumar Singh Resident of Ward no. 31 Gali no.
06, Near Sapahi Devi Mandir, Sri Krishna Nagar, Police Station- Town
Motihari, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Union of India through Superintendent of Police, Central Bureau
Investigation,SCB, Patna Bihar
3. Pratibha Kumari Giri, District Program Officer, East Champaran, Motihari
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan
Mr. Himanshu Ranjan
For the Opposite Party/s : Mr.Tapeshwar Sharma
For the CBI : Mr. Sanjay Kumar, SC, CBI
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 11-05-2026 Heard the parties.
2. The petitioner seeks bail in connection with CBI
Case No. 8 of 2019 (RC No. 0922019S0008) arising out of
Turkauliya (Raghunathpur O.P.) P.S. Case No. 499 of 2018,
initially registered for the offence under Sections 341, 342, 323,
504 and 34 of the Indian Penal Code and Section 8 of the
POCSO Act. Later Section 75 of the Juvenile Justice (Care and
Protection of Children) Act was added.
3. As per the prosecution case, the petitioner was
employed as a counsellor in a short stay home at Motihari
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running under an organization called “Sakhi”. During the course
of audit of such short stay homes in the State of Bihar, it was
found that the women inmates who were staying there were
subjected to all kind of inhuman treatment including their sexual
exploitation.
4. The petitioner is in custody since 15.12.2025.
5. Learned counsel for the petitioner submits that
the petitioner, who is a woman, has co-operated in the
investigation and she was not arrested during investigation when
she was called by CBI for giving her statement but he further
submits that the petitioner could not surrender and execute the
bail bonds when summons were issued after filing of charge-
sheet because at that point of time she was newly married. He
further submits that the petitioner has now surrendered. He also
submits that the petitioner is carrying an infant child with her
who was born out of the wedlock of the petitioner and her
husband.
6. Learned counsel for the petitioner further
submits that there is no allegation against the petitioner of
tampering with the evidence or has threatened the witnesses and
if she is enlarged on bail, she will co-operate in the trial by
appearing personally or through her lawyer on the dates fixed in
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the trial.
7. Learned counsel for the CBI has opposed the
prayer of the petitioner and has submitted that the petitioner has
delayed the trial by not surrendering in time.
8. Considering the aforesaid facts, the period of
custody of the petitioner and also considering the fact that she is
carrying her four year old child with her, this application is
allowed.
9. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with CBI Case
No. 8 of 2019 (RC No. 0922019S0008) arising out of
Turkauliya (Raghunathpur O.P.) P.S. Case No. 499 of 2018.
10. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
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application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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