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Patna High Court

Somnath SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner on a bond of Rs. 10,000 with two sureties, subject to specific conditions.

Summary

The petitioner, Somnath Singh, was arrested in connection with a case registered under IPC sections 498A, 364 and 120B and Section 3 of the Dowry Prohibition Act, alleging that he and co‑accused kidnapped the daughter of an informant. He contended that he is only a distant relative of the victim’s mother‑in‑law and that the allegations against him are vague, with no clear motive disclosed. The State opposed bail on the ground that the victim remains traceless, arguing that the seriousness of the offences warrants continued custody. The Court examined the material in the case diary and noted the petitioner’s distant familial link and the lack of concrete evidence linking him to the alleged conspiracy. Considering these factors, the Court ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to conditions regarding surety relations and mandatory court attendance. The bail order also stipulated cancellation of the bond if the petitioner fails to appear on two consecutive dates without sufficient cause.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the charges under IPC 498A, 364, 120B and the Dowry Prohibition Act and the victim being missing.

Legislation cited

Subjects

  • bail
  • kidnapping
  • dowry prohibition
  • criminal conspiracy
  • IPC
  • missing victim
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91543 of 2025
                       Arising Out of PS. Case No.-292 Year-2019 Thana- Kharagpur District- Munger
                 ======================================================
                 Somnath Singh S/O Ram Bilash Singh @ Ram Nivash Singh R/O Vill.-
                 Durgapur, P.s.- Sangrampur, Dist.- Munger.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashi Saurabh, Advocate
                 For the Opposite Party/s :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   26-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 498A, 364 and 120B of

                   the Indian Penal Code and Section ¾ of the Dowry Prohibition

                   Act.

                                   3. The petitioner along with other co-accused is

                   said to have kidnapped the daughter of the informant.

                                   4. It is submitted by learned counsel for the

                   petitioner that the petitioner happens to be the relative of the

                   mother-in-law of the victim and, as such, a distant relative of the

                   victim who has been implicated in the present case with an

                   allegation that he also aided in making the victim traceless and

                   is involved in the conspiracy. However, no motive or reason for
Patna High Court CR. MISC. No.91543 of 2025(3) dt.26-02-2026
                                            2/3




          the occurrence has been stated but for the fact that it has been

          the mother-in-law and other family members who used to

          demand dowry. The marriage of the victim, solemnized with one

          Vikash Kumar dates back to the year 2015 and the said Vikash

          Kumar has not been made accused in this case. It is further

          submitted that the allegations are general and omnibus in nature

          and the materials disclosed in paras-104, 231, 291, 316 and 319

          of the case diary are indicative of the fact that a second marriage

          of the victim has been performed by the informant and this fact

          has transpired during investigation after proper enquiry. The

          petitioner, after being remanded from a different case, has been

          languishing in custody since 25.04.2025.

                          5. Learned APP for the State opposed the bail

          petition on the ground that the victim is still traceless.

                          6. Taking into consideration the facts and

          circumstances of the case and also considering the fact that the

          petitioner is a very distant relative of the victim and sweeping

          allegations have been levelled against him coupled with the

          materials disclosed in the investigation, the above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned Court
            Patna High Court CR. MISC. No.91543 of 2025(3) dt.26-02-2026
                                                        3/3




                      below where the case is pending/successor Court in connection

                      with Kharagpur P.S. Case No.292 of 2019, subject to the

                      conditions that :

                                   (i) One of the bailors will be his own blood relative,

                      preferably, father, mother, brother, sister and/or his wife.

                                   (ii) The petitioner shall remain physically present in

                      court on each and every date during trial and in the event of

                      failure on two consecutive dates without sufficient reasons, his

                      bail bonds shall be liable to be cancelled by the learned court

                      concerned.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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