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Patna High Court

Roma Kumari @ PayalversusThe State of Bihar

Decided
Disposal
REJECTED

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


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