Patna High Court
Ammi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 3(5), 351(2), 351(3), 352, 64, 87
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
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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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