Patna High Court
Suman Devi @ Suman KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Since the petitioners are not specifically charged with any overt act and have clean antecedents, bail may be granted subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Suman Devi and Ranjit Kumar Das, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, including kidnapping and rape. They argued that the FIR specifically implicates only their relative, Raushan Kumar, and that there is no direct allegation or overt act against them. The State opposed the bail petition, contending the seriousness of the offences. The Court examined whether the lack of specific charges against the petitioners and their clean antecedent warranted bail. It held that in the absence of any concrete accusation, bail could be granted. Consequently, the Court ordered that the petitioners be released on bail upon furnishing bonds and sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to petitioners who are only related to the co‑accused and face no specific allegation of an overt act.
- Whether the seriousness of the offences under the Bhartiya Nyaya Sanhita precludes bail in the present circumstances.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 3(5), 351(2), 351(3), 352, 64, 87
Subjects
- bail
- criminal procedure
- kidnapping
- rape
- section 482
- Bhartiya Nyaya Sanhita
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89773 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- MAHILA P.S. District- Madhubani
======================================================
1. Suman Devi @ Suman Kumari W/o Ranjit Kumar Das Resident of Village -
Rajaun Pali, P.S.- Benipatti, District - Madhubani
2. Ranjit Kumar Das S/o Sri Chand Das @ Shubh Chandra Das Resident of
Village - Rajaun Pali, P.S.- Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners 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. Learned counsel for the petitioners submits that as
per F.I.R. itself, specific accusation of kidnapping and
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 sister and brother-in-law of co-accused Raushan
Kumar. There is no specific allegation of overt act against these
petitioners. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.89773 of 2025(2) dt.15-01-2026
2/2
4. Learned A.P.P. for the State has opposed the bail
petition.
5. 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)
anay
U T
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