Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court ordered that the petitioners be released on bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, who are family members of a co‑accused in a kidnapping case, filed a bail petition fearing arrest under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita. The FIR alleged that the kidnapping was committed by Ranjit Kumar and two unknown persons, while the petitioners were only accused of assaulting the informant and his family when they attempted to lodge a complaint. The petitioners asserted that they had no involvement in the kidnapping, possessed clean antecedents, and were merely retaliating against the informant. The State and the second opposite party opposed the bail, contending that the allegations warranted continued custody. After considering the facts, the court ordered that the petitioners be released on bail upon furnishing bonds of Rs.10,000 each with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to bail in a case registered under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita
- Whether the alleged assault on the informant and his family constitutes a ground to deny bail
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to grant bail
Legislation cited
Subjects
- bail
- kidnapping
- assault
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- POCSO Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8399 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
1. Sunita Devi W/O Shailendra Rai @ Salendar Rai R/O Village- Marar, Ward
No. 4, P.S- Riga, Distt.- Sitamarhi.
2. Shailendra Rai @ Salendar Rai S/O Ram Sharan Rai R/O Village- Marar,
Ward No. 4, P.S- Riga, Distt.- Sitamarhi.
3. Ram Sharan Rai S/O Late Suraj Rai @ Late Suruj Rai R/O Village- Marar,
Ward No. 4, P.S- Riga, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Devi W/O Sanjeev Singh R/O Village- Izarhiya, Ward No. 5 @
Ijarahiya, Ward No.-5, P.S- Riga, Distt.- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
Mr.Uday Kumar, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 30-06-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 137(2), 96 of the
Bhartiya Nyaya Sanhita.
3. Learned counsel for petitioners submits that as per
F.I.R. itself, specific accusation of kidnapping is against co-
accused Ranjit Kumar and his two unknown friends. So far as
these petitioners are concerned, they are family members of co-
accused Ranjit Kumar and have got no concern with the alleged
kidnapping. These petitioners are only alleged to have abused
Patna High Court CR. MISC. No.8399 of 2026(5) dt.30-06-2026
2/2
and assaulted informant and his family members when they
went there to make complain about alleged kidnapping. There is
no allegation against these petitioners that they in any way
assisted other co-accused in commission of offence. Petitioners
claim clean antecedent.
4. Learned A.P.P. for the State and learned counsel for
the opposite party no. 2 opposed the bail petition.
5. Considering the aforesaid facts and circumstances,
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 District and Addl. Sessions Judge VI cum
Special Judge (POCSO Act), Sitamarhi / concerned Court in
connection with Riga P.S. Case No. 288 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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