Sujata Kumari @ Sujita Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sujata Kumari @ Sujita Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners in connection with Ariyari P.S. Case No. 02 of 2025, on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Judge (POCSO), Sheikhpura, subject to the conditions laid down under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioners, who apprehend arrest in Ariyari P.S. Case No. 02 of 2025 registered for offences punishable under Sections 126(2), 115(2), 64, 89, 351, 352 and 3(5) of the BNS, are entitled to anticipatory bail.

Court's answer

In view of the facts stated (including that the main co-accused had already been granted bail by a Co-ordinate Bench of this Court), both petitioners were directed to be released on anticipatory bail in the event of their arrest or surrender before the court below within six weeks, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Judge (POCSO), Sheikhpura, in connection with Ariyari P.S. Case No. 02 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioners Sujata Kumari @ Sujita Kumari and Nitish Kumar apprehended arrest in Ariyari P.S. Case No. 02 of 2025 (District Sheikhpura), registered for offences punishable under Sections 126(2), 115(2), 64, 89, 351, 352 and 3(5) of the BNS; the FIR alleged that co-accused Gaurav Kumar established physical relationship with the informant on the pretext of marriage and thereafter refused to marry her. Counsel submitted that the petitioners (stated to be the sister and brother-in-law respectively of the main co-accused) were falsely implicated; that after investigation the final form named them 'not sent up for trial' and the learned trial Court took cognizance on 30.05.2005 only against the main co-accused Gaurav Kumar; and that the main co-accused had already been granted bail by a Co-ordinate Bench of the Court in Cr. Misc. No. 43976 of 2025. In view of these facts, the Court directed release of both petitioners on anticipatory bail upon arrest or surrender before the court below within six weeks, on bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Judge (POCSO), Sheikhpura, in connection with Ariyari P.S. Case No. 02 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS. Oral order dated 17-02-2026 delivered by Ramesh Chand Malviya, J.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5230 of 2026

Arising Out of PS. Case No.-2 Year-2025 Thana- ARIYARI District- Sheikhpura

======================================================

Sujata Kumari @ Sujita Kumari, aged about 28 years, W/O Nitish Kumar, R/O Village- Habunagar, P.S- Chandradeep, Distt.- Jamui.

Nitish Kumar, aged about 38 years, Sex-Male, S/O Pyare Mahto @ Pyarelal Mahto, R/O Village- Habunagar, P.S- Chandradeep, Distt.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar

XXX, R/O Village- Naya Tola, Hasanganj, P.S- Sheikhpura, Distt.Sheikhpura.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 17-02-2026 Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 64, 89, 351, 352 and 3(5) of the BNS.

As per allegation in the FIR, co-accused Gaurav Kumar established physical relationship with the informant on the pretext of marriage and thereafter he refused to marry her.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next

Patna High Court CR. MISC. No.5230 of 2026(2) dt.17-02-2026 2/3

submits that after investigation, final form has been submitted against both the petitioners as not sent up for trial and the learned trial Court took cognizance on 30.05.2005 only against main co-accused Gaurav Kumar and not against both the petitioners. He next submits that petitioner no.2, namely, Nitish Kumar is brother-in-law and petitioner no.1, namely, Sujata Kumari is the sister of main co-accused, namely, Gaurva Kumar and they have no role in this case as alleged in FIR as stated in para-11 of the petition. He next submits that main co-accused Gaurav Kumar has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 43976 of 2025. Petitioners have got clean antecedent as stated in para-3 of the petition.

In view of the aforesaid facts as well as the fact that main co-accused has already been granted bail by a Co-ordinate Bench of this Court, so let the above named both petitioners be released on anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judgecum-Exclusive Special Judge (POCSO), Sheikhpura in

Patna High Court CR. MISC. No.5230 of 2026(2) dt.17-02-2026 3/3

connection with Ariyari P.S. Case No. 02 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T