Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5375 of 2026 Arising Out of PS. Case No.-8 Year-2019 Thana- C.B.I CASE District- Patna ====================================================== Archana Kumari D/O Sanjay Kumar Singh Resident of Ward no. 31 Gali no. 06, Near Sapahi Devi Mandir, Sri Krishna Nagar, Police Station- Town Motihari, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Union of India through Superintendent of Police, Central Bureau Investigation,SCB, Patna Bihar 3.

Pratibha Kumari Giri, District Program Officer, East Champaran, Motihari Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan Mr. Himanshu Ranjan For the Opposite Party/s :

Mr.Tapeshwar Sharma For the CBI :

Mr. Sanjay Kumar, SC, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2026 Heard the parties.

2. The petitioner seeks bail in connection with CBI Case No. 8 of 2019 (RC No. 0922019S0008) arising out of Turkauliya (Raghunathpur O.P.) P.S. Case No. 499 of 2018, initially registered for the offence under Sections 341, 342, 323, 504 and 34 of the Indian Penal Code and Section 8 of the POCSO Act. Later Section 75 of the Juvenile Justice (Care and Protection of Children) Act was added.

3. As per the prosecution case, the petitioner was employed as a counsellor in a short stay home at Motihari

2/4 running under an organization called "Sakhi". During the course of audit of such short stay homes in the State of Bihar, it was found that the women inmates who were staying there were subjected to all kind of inhuman treatment including their sexual exploitation.

4. The petitioner is in custody since 15.12.2025.

5. Learned counsel for the petitioner submits that the petitioner, who is a woman, has co-operated in the investigation and she was not arrested during investigation when she was called by CBI for giving her statement but he further submits that the petitioner could not surrender and execute the bail bonds when summons were issued after filing of chargesheet because at that point of time she was newly married. He further submits that the petitioner has now surrendered. He also submits that the petitioner is carrying an infant child with her who was born out of the wedlock of the petitioner and her husband.

6. Learned counsel for the petitioner further submits that there is no allegation against the petitioner of tampering with the evidence or has threatened the witnesses and if she is enlarged on bail, she will co-operate in the trial by appearing personally or through her lawyer on the dates fixed in

3/4 the trial.

7. Learned counsel for the CBI has opposed the prayer of the petitioner and has submitted that the petitioner has delayed the trial by not surrendering in time.

8. Considering the aforesaid facts, the period of custody of the petitioner and also considering the fact that she is carrying her four year old child with her, this application is allowed.

9. 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 concerned Court below in connection with CBI Case No. 8 of 2019 (RC No. 0922019S0008) arising out of Turkauliya (Raghunathpur O.P.) P.S. Case No. 499 of 2018.

10. As a condition of this order, the petitioner, after being released on bail, is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

11. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail

4/4 application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. (Sandeep Kumar, J) Vikas/- U