Patna High Court
Mamta KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Mamta Kumari was arrested on 11 July 2025 in connection with a case under Section 103(1) of the BNS, based on a FIR alleging that her husband, the informant, fabricated a complaint about his daughter's death. The petitioner pleaded that she has a clean antecedent, was falsely implicated, and that no material evidence links her to the alleged offence. The prosecution opposed bail, but the court noted the absence of cogent material and the petitioner’s clean record. Consequently, the court ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of her criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the petitioner given the alleged offence under Section 103(1) of the BNS and the lack of material evidence.
- Whether the petitioner’s clean antecedent and the alleged fabrication of the FIR justify bail.
Legislation cited
- BNS — s. 103(1)
Subjects
- bail
- Section 103(1)
- BNS
- clean antecedent
- FIR
- criminal procedure
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84654 of 2025
Arising Out of PS. Case No.-190 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Mamta Kumari S/o LalKun Sharma Resident Of Village- Bhelauri, P.S.-
Chautham, Dist- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.07.2025 in connection with Chautham P.S. Case No. 190 of
2025 for the offence punishable under Section 103(1) of BNS.
3. The case of the prosecution, in brief, is that as per
the F.I.R. the informant made a written complaint before the
Police alleging therein that on 9-7-2025, he received
information that his daughter was senseless and while on the
way to the hospital she died.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and she has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
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fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that the informant is
husband of the petitioner and she has been made an accused in
this case based on suspicion. It is further submitted that no
cogent material has come during the course of investigation to
suggest the involvement of petitioner in the present case. It is
also submitted that police after investigation has submitted
charge-sheet and the petitioner is in custody since 11.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent and also the fact that no
cogent material has come during the course of investigation to
suggest the involvement of petitioner in the present case, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM,
Khagaria in connection with Chautham P.S. Case No. 190 of
2025 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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