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Patna High Court

Supriya SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.70780 of 2024(14) dt.05-01-2026
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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
Patna High Court CR. MISC. No.70780 of 2024(14) dt.05-01-2026
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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
Patna High Court CR. MISC. No.70780 of 2024(14) dt.05-01-2026
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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
           Patna High Court CR. MISC. No.70780 of 2024(14) dt.05-01-2026
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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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