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Patna High Court

Archana KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.5375 of 2026(5) dt.11-05-2026
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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
Patna High Court CR. MISC. No.5375 of 2026(5) dt.11-05-2026
                                            3/4




          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
          Patna High Court CR. MISC. No.5375 of 2026(5) dt.11-05-2026
                                                      4/4




                    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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