Patna High Court
Sindhu Kumari @ Gola KumariversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioners are to be released on bail upon furnishing the prescribed bond and sureties.
Summary
The petitioners, Sindhu Kumari (also known as Gola Kumari) and Kaushal Sahni, were arrested in connection with the murder of Rahul Kumar, alleged under Sections 137(2) and 3(5) of the BNS. They contended that they had no intention to kill the deceased, that they merely accompanied other parties, and that the material collected did not incriminate them. The prosecution opposed bail, arguing the seriousness of the offence. The court examined the facts, including the claim that the co‑accused Nandu Sahani forcibly took Rahul Kumar and that the petitioners handed over the victim’s belongings to his father, indicating lack of motive. Considering the circumstances, the court ordered that each petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioners under Sections 137(2) and 3(5) of the BNS in the murder case of Rahul Kumar.
Legislation cited
- BNS — s. 137(2), 3(5)
Subjects
- bail
- murder
- criminal procedure
- Sections 137(2)
- Section 3(5)
- BNS
- Patna High Court
- Darbhanga
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59948 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Sindhu Kumari @ Gola Kumari D/O Chharpan Sahni @ Baiju Sahni Resident
Of Village- Girdharpur, Ward No 10, P.s.- Ashok Paper Mills, Dist.-
Darbhanga
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 71492 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Kaushal Sahni @ Kaushal Kumar S/o Gopal Sahni R/o Mohalla/Vill. -
Dighra, P.S. - A.P.M., Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 59948 of 2025)
For the Petitioner/s : Mr. Mahendra Thakur, Adv.
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 71492 of 2025)
For the Petitioner/s : Mr. Kedar Jha
For the Opposite Party/s : Mr. Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 03-02-2026 Both these cases arise out of the same case i.e. Ashok
Paper Mills (A.P.M.) P.S. Case No. 63 of 2025 and accordingly, they
are being heard together and disposed of with this common order.
Heard learned counsel for the petitioners and learned APP
for the State.
Patna High Court CR. MISC. No.59948 of 2025(3) dt.03-02-2026
2/3
2. The petitioners seek bail in a case registered for the
offence punishable under Sections-137(2), 3(5) of BNS.
3. It is alleged that on the call made by Nandini Kumari
and Gola Kumari to the son of the informant Rahul Kumar and
Kaushal Kumar (petitioner in Cr. Misc. No. 71492 of 2025) reached
at the Girdhar Mahar Pond. It is further alleged that the petitioner
Kaushal Kumar returned but Rahul Kumar did not return. The
informant suspected any mis-happening with his son Rahul Kumar.
Later, the dead body of Rahul Kumar was recovered.
4. Learned counsel for the petitioners has submitted that
the co-accused Nandini Kumari had love and affection with the
deceased, Rahul Kumar. When she went to the destination fixed for
meeting with Rahul Kumar with her cousin Sindhu Kumari @ Gola
Kumari (petitioner in Cr. Misc. No. 59948 of 2025). Kaushal Kumar
(petitioner in Cr. Misc. No. 71492 of 2025) also accompanied Rahul
Kumar. When these four persons were present, one Nandu Sahani
came and forcibly took away Rahul Kumar. Later on, dead body of
Rahul Kumar was found. It has been submitted on behalf of the
petitioners that the material collected till date, does not reveal
incrimination of the petitioners. Sindhu Kumari @ Gola Kumari
(petitioner in Cr. Misc. No. 59948 of 2025) accompanied her cousin
sister Nandini Kumari and as such, she could not be said to have any
intention to kill the deceased. Actually, the co-accused and Kaushal
Sahani (the petitioner in Cr. Misc. No. 71492 of 2025) also
Patna High Court CR. MISC. No.59948 of 2025(3) dt.03-02-2026
3/3
accompanied the deceased and handed over mobile phone and
motorcycle to the father of the deceased which transpires from
paragraph-6 of the case diary and this fact indicates that the petitioner
Kaushal Sahani also did not have any motive or intention to kill the
deceased.
5. On the other hand, learned Additional Public Prosecutor
and the counsel for the informant have opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, let
the petitioners named above, be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial Magistrate,
Darbhanga in connection with Ashok Paper Mill (A.P.M.) P.S. Case
No. 63 of 2025 with condition that the petitioners shall cooperate
with the trial of the case and make themselves available as and when
required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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