Patna High Court
Supriya SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to Supriya Singh, holding that the case is essentially civil in nature and that she is entitled to release on bond.
Summary
Petitioners Supriya Singh and the late Saket Saurabh sought bail in a criminal complaint (Case No.216 of 2023) alleging offences under Sections 420, 467 read with 34 of the IPC. Saket died during the pendency of the bail petition, leading to the withdrawal of his part of the petition. The complainant, Dr. Shilpi Rani, claimed she had invested Rs 1 crore with Saket, of which only Rs 48.85 lakh was returned before his death. Supriya, Saket’s wife, was alleged to be involved only by virtue of her relationship, with no direct participation in the alleged fraud. The court observed that the dispute was essentially civil, that the remaining allegations against Supriya were general and omnibus, and that the death of Saket rendered the mediation process impossible. Accordingly, the court granted bail to Supriya Singh on a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether bail should be granted to Supriya Singh despite the pending criminal complaint.
- Whether the matter is primarily a civil dispute rather than a criminal offence.
- Whether the death of co‑petitioner Saket Saurabh affects the bail application.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 420, 467
Subjects
- bail
- civil dispute
- IPC 420
- IPC 467
- CrPC 438
- BNSS 482
- death of accused
- mediation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70780 of 2024
Arising Out of PS. Case No.-216 Year-2023 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
1. Supriya Singh, Wife of Mr. Saket Saurabh,
2. Saket Saurabh, Son of Late Surendra Kumar Singh,
Both are resident of Village- Gandhi Kutir, Salimpur, Ahra, Gali No.1, P.S.-
Kadamkuan, District- Patna
... ... Petitioners
Versus
1. The State of Bihar
2. Dr. Shilpi Rani, Daughter of Shivraj Choudhary, R/o Raja Tola Lane
Aadampur, P.S.- Aadampur, Dist.- Bhagalpur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
14 05-01-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. At the outset, it is pointed out by Mrs. Vaishnavi
Singh, learned counsel appearing for the petitioners that
during pendency of present bail petition, petitioner no.2
namely, Saket Saurabh was died and therefore, it is pointed
out that mediation between the parties was not effectuated to
its logical end. It is pointed out that same can also be
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gathered from the Mediator’s report dated 21.08.2025 of
Mediation Proceeding No.414 of 2025.
3. It is further submitted by Mrs. Singh that
petitioner no.2 died out of his illness in Nestiva Hospital,
Gardanibagh, Patna on 02.07.2025 at about 8.10 A.M.
4. In view of aforesaid, learned counsel for the
petitioner seeks permission to withdraw the petition qua
petitioner no.2, namely, Saket Saurabh.
5. Accordingly, same stands dismissed as
withdrawn, being infructuous.
6. Now, the present bail petition survives only
against petitioner no.1 namely, Supriya Singh.
7. The accused/petitioner is named in the complaint
petition and apprehending her arrest in connection with
Complaint Case No.216 of 2023 in which cognizance has
been taken for the offences punishable under Sections 420,
467 read with 34 of the Indian Penal Code.
8. As per complaint petition, the complainant,
namely, Dr. Shilpi Rani out of her acquaintance with
petitioner no.2 Saket Saurabh (since died) invested Rs. 1
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crore with him, which was transferred to his account, but
subsequently, no investment was made and the amount as
invested was not even returned to the complainant.
9. It is submitted by learned counsel that petitioner
no.2 has returned Rs.48,85,000/- before his death to the
complainant, which is duly supported by bank statement,
which is part of Annexure-2 of the present bail petition. It is
further submitted that petitioner no.1 namely, Supriya Singh
has been implicated with present complaint only being wife of
petitioner no.2 and no amount was received by her, having
any involvement with investment, as alleged. It is submitted
that petitioner no.1 has been implicated with very much
general and omnibus allegation and moreover the nature of
disputes primarily appears civil in nature for which recovery
proceeding may be initiated and this criminal prosecution is
completly un-ocassioned and unwarranted.
10. Despite service of notice, none appeared for
O.P. No.2.
11. Learned APP while opposing the prayer of bail
conceded that petitioner no.2 died in view of police report
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dated 07.11.2025 as issued from the office of S.H.O., Kadam
Kuan, Patna vide Letter No.740 of 2025. It is also conceded
that mediation could not effectuated between the parties due
to death of petitioner no.2.
12. In view of aforesaid factual submissions and by
taking note of death certificate of petitioner no.2, coupled
with the fact that the dispute as alleged appears primarily civil
in nature, where almost Rs.48,85,000/- prima facie claimed
to be returned by petitioner no.2, as discussed aforesaid,
where the only surviving petitioner i.e. petitioner no.1
namely, Supriya Singh prima facie alleged with general and
omnibus allegation being wife of petitioner no.2, accordingly,
the petitioner No.1 namely, Supriya Singh, who is a lady, in
the event of her arrest or surrender in the court below within
a period of four weeks from today, is directed to be released
on bail 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,
Bhagalpur in connection with Complaint Case No.216 of
2023, subject to the conditions as laid down under Section
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438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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