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Patna High Court

Ammi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that in the absence of specific allegations of overt acts against the petitioners, bail should be granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioners, Ammi Devi and her daughter Sunita Kumari, sought bail after being implicated as co-accused in a criminal case (PS Case No. 46 of 2025) involving kidnapping, rape, extortion and related offences under the Bhartiya Nyaya Sanhita. The FIR alleged that the primary accused, Raushan Kumar, abducted and raped the informant, demanding a marriage promise and a sum of Rs. 10 lakh, while the petitioners were alleged to be involved merely by virtue of being his mother and sister. The petitioners contended that there was no specific allegation of any overt act against them and highlighted their clean antecedents. The State opposed the bail, arguing the seriousness of the charges. The Court, considering the lack of direct incriminating material against the petitioners and the principle of bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, ordered that they be released on bail upon furnishing bonds and sureties, subject to conditions.

Issues considered

  • Whether the petitioners can be held liable for the offences alleged in the FIR solely on the basis of their relationship to the primary accused.
  • Whether bail is appropriate for the petitioners given the nature of the charges and the evidence presented.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • false promise of marriage
  • co-accused
  • criminal procedure
  • section 482
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.790 of 2026
                    Arising Out of PS. Case No.-46 Year-2025 Thana- MAHILA P.S. District- Madhubani
               ======================================================
           1 . Ammi Devi W/O Madan Das Resident of Village- Arer Durga Mandir, P.S.-
                Patauna, Dist- Madhubani
           2.    Sunita Kumari @ Sumita Kumari S/O Madan Das Resident of Village- Arer
                 Durga Mandir, P.S.- Patauna, Dist- Madhubani

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                 For OP 2                 :       Mr. Shailendra Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                     Heard learned counsel for the petitioners, informant

                   and learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 137(2),

                   87, 64, 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita.

                                3 . As per F.I.R. co-accused Raushan Kumar abducted

                   informant and made physical relation with her on the false

                   promise of marriage . When informant asked accused persons

                   for marriage , then they refused to do so and demanded Rs. 10

                   lacs and also assaulted her.

                                4. Learned counsel for the petitioners submits that as

                   per F.I.R. itself, specific accusation of kidnapping and
            Patna High Court CR. MISC. No.790 of 2026(2) dt.21-01-2026
                                                        2/2




                      committing rape upon the informant is against co-accused

                      Raushan Kumar. So far as these petitioners are concerned, they

                      have been made accused in this case merely because they

                      happen to be mother and married sister of co-accused Raushan

                      Kumar. There is no specific allegation of overt act against these

                      petitioners. Petitioners claim clean antecedent.

                                   5 . Learned A.P.P. for the State as well as informant

                      has opposed the bail petition.

                                    6. In the facts and circumstances of the case, let the

                      above named petitioners, in the event of their arrest/surrender

                      within a period of eight weeks from today, be enlarged on bail

                      on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                      with two sureties of the like amount each to the satisfaction of

                      learned C.J.M., Madhubani in connection with Madhubani

                      Mahila P.S. Case No. 46 of 2025, subject to condition as laid

                      down under Section 482 of the Bhartiya Nagrik Suraksha

                      Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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