Patna High Court
Roma Kumari @ PayalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was refused to the petitioner.
Summary
The petitioner, Roma Kumari, was arrested on 20 June 2025 in connection with a murder case (Barh P.S. Case No. 357 of 2025) alleged under Sections 103(1) and 238 of the BNS. She applied for bail, claiming that the FIR was fabricated, that she was not originally named, and that the allegations arose only from a co‑accused's confession, which she later denied. The prosecution, represented by the State and an informant, presented the co‑accused’s confession, the petitioner’s subsequent confession, and corroboration by her daughter, arguing the seriousness of the offence. The court examined the material on record, noted the gravity of the charges and the existence of a confession, and concluded that bail could not be granted. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to the petitioner accused of murder under Sections 103(1) and 238 of the BNS despite the existence of a confession and serious nature of the offence.
Legislation cited
- BNS — s. 103(1), 238
Subjects
- bail
- murder
- confession
- fabricated FIR
- Sections 103(1) BNS
- Section 238 BNS
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82707 of 2025
Arising Out of PS. Case No.-357 Year-2025 Thana- BARH District- Patna
======================================================
Roma Kumari @ Payal Wife of Pramod Gupta, D/o Dinesh Chandra Lal R/o
Village - Raniganj, Ward No.12, P.S - Raniganj, District - Araria, A/P
Resident of Village - Kathghar, Gaurichak Lane, P.S - Babarganj, District –
Bahgalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Narain, Sr.Advocate
: Mr.Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
For the Informant : Mr. Raj Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 25-03-2026 Heard Mr. Rajendra Narain, learned senior counsel
appearing for the petitioner, Mr. Raj Shekhar, learned counsel
for the informant and Mr.Bhanu Pratap Singh, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
20.06.2025 in connection with Barh P.S. Case No. 357 of 2025
corresponding to G.R.No.1511/2025, F.I.R. dated 15.06.2025
registered for the offence punishable under Sections 103(1),238
of BNS.
3. Allegation against the petitioner is that she
alongwith her male friend have brutally murdered her son, as he
was objecting her illicit relation with her male friend Nirmal
Kumar.
4. Learned senior counsel appearing for the petitioner
Patna High Court CR. MISC. No.82707 of 2025(5) dt.25-03-2026
2/2
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Petitioner is not named in the FIR. The name
of the petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person.
Thereafter, the petitioner has confessed her guilt in the present
occurrence. Even the daughter of the petitioner has supported
the case of the prosecution.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, on the basis of the
material available on the record and the case diary, have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and nature of
allegation against the petitioner which has come during
investigation, I am not inclined to enlarge the petitioner on bail
in connection with Barh P.S. Case No. 357 of 2025
corresponding to G.R.No.1511/2025 pending in the court of
learned A.C.J.M.-I, Barh, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.