Patna High Court
Archana KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to Archana Kumari subject to the stipulated conditions.
Summary
Archana Kumari was arrested in connection with a case registered under Sections 363 and 365 of the Indian Penal Code, with additional charges of Sections 302, 201, 120(b) and 34 later added. She has been in custody since 7 May 2024 and a prior application for regular bail was rejected, with the court allowing a fresh application after six months. The petitioner’s counsel argued that only four of six prosecution witnesses have been examined and that the trial is unlikely to conclude soon, making continued detention a violation of her Article 21 right to liberty. The State opposed the bail, citing the seriousness of the offences. The bench, noting the petitioner’s gender, the prolonged pre‑trial detention, and the lack of substantive progress in the trial, decided that continued incarceration would be punitive and contrary to the spirit of Article 21. Accordingly, the court granted bail on a bond of Rs 15,000 with two sureties and imposed conditions regarding family surety and appearance at trial dates.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences charged.
- Whether the prolonged pre‑trial detention violates the petitioner’s fundamental right to liberty under Article 21.
Legislation cited
- Indian Penal Code — s. 120(b), 201, 302, 34, 363, 365
Subjects
- bail
- pre‑trial detention
- Article 21
- Indian Penal Code
- criminal procedure
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7032 of 2026
Arising Out of PS. Case No.-249 Year-2024 Thana- BAKHTIYARPUR District- Patna
======================================================
Archana Kumari Wife of Sobodh Kumar Resident of Village- Raghopur, P.S.-
Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gautam, Advocate
For the Opposite Party/s : Mr.Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bakhtiyarpur P.S. Case No. 249 of 2024, instituted for the
offence under Sections 363 and 365 of the Indian Penal Code
later on, Section 302, 201, 120(b) and 34 of the was also added.
3. Earlier vide order dated 16.04.2025 passed in Cr.
Misc. No. 3083 of 2025, regular bail of the petitioner was
rejected by this Court considering the enough material against
the petitioner in the case diary, with a liberty to renew the prayer
after six months if the trial is not concluded.
4. Learned counsel for the petitioner submits that
the present one is the second attempt for grant of regular bail to
the petitioner. It is mainly submitted that charge in this case is
Patna High Court CR. MISC. No.7032 of 2026(2) dt.30-01-2026
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framed and till date, out of six prosecution witnesses only four
witnesses have been examined. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
07.05.2024. Learned counsel further submits that there is no
likelihood of the trial being concluded in the near future.
Learned counsel goes on to submit that the continued
incarceration of the petitioner without conclusion of trial
amounts to a gross violation of the fundamental right guaranteed
under Article 21 of the Constitution of India, which is reiterated
by Hon’ble Apex Court in plethora of judgments.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and
circumstances of the case, petitioner is lady and considering the
period of custody of the petitioner and taking into account the
fact that continued detention of the petitioner would serve no
purpose other than punitive pretrial incarceration, which is
antithetical to the spirit of Article 21 of the Constitution of
India, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.7032 of 2026(2) dt.30-01-2026
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Court below/concerned Court in connection with Bakhtiyarpur
P.S. Case No. 249 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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