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Patna High Court

Rukmani Kumari @ RukminiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner, being pregnant and not directly implicated in the FIR, is entitled to regular bail.

Summary

Rukmani Kumari, a pregnant woman, was arrested in connection with a case where her husband allegedly fired a pistol, causing the death of his brother. She filed an application for regular bail under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, contending that she was falsely implicated and that the FIR only named her husband. The prosecution opposed the bail, but the court noted the charge‑sheet had been filed, the petitioner had been in custody since 30‑Aug‑2025, and the alleged overt act was solely against her husband. Considering her pregnancy and the lack of direct allegations against her, the court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was directed to be granted to the satisfaction of the Judicial Magistrate, 1st Class, Darbhanga.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act despite the filing of a charge‑sheet?
  • Whether the allegations in the FIR, which solely implicate the petitioner’s husband, constitute a ground to deny bail to the petitioner?

Legislation cited

Subjects

  • regular bail
  • pregnant woman
  • false implication
  • Arms Act
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • charge-sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6342 of 2026
                     Arising Out of PS. Case No.-96 Year-2025 Thana- SAKATPUR District- Darbhanga
                 ======================================================
                 Rukmani Kumari @ Rukmini Wife of Abhilash Kumar Resident of Village-
                 Borba PS- Baheri District- Darbhanga
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Shama Sinha, Advocate
                                                  Mr. Vijayansh Pratap Singh, Advocate
                                                  Mr. Surya Prakash, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   04-02-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sakatpur P.S. Case

                   no.96 of 2025 registered under sections 103(1) and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

                                 3. As per the prosecution case, the informant states

                   that the husband of the petitioner herein fired upon his brother

                   with a pistol causing firearm injury leading to his death.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. From the reading

                   of the FIR itself it would transpire that the allegation of overt-act is

                   solely against the husband of the petitioner and not the petitioner

                   herein. She is a lady in the family way and is in custody since

                   30.8.2025. Charge-sheet has been submitted in the case.
             Patna High Court CR. MISC. No.6342 of 2026(2) dt.04-02-2026
                                                         2/2




                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations in the FIR, the

                       allegation of firing being solely on the husband of the petitioner,

                       the petitioner who is in the family way having remained in

                       custody since 30.8.2025 and chargesheet having been submitted

                       in the case, the petitioner is directed to be enlarged on bail in

                       connection with Sakatpur P.S. Case no.96 of 2025 on furnishing

                       bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       Judicial Magistrate, 1st Class, Darbhanga.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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