Sudha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30936 of 2026 Arising Out of PS. Case No.-1367 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sudha Kumari S/o Ravi Kumar Yadav @ Balendra Kumar @ Ravi Kumar R/o Village - Sadha Dambar, Police Station - Motipur, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Ranjan For the Opposite Party/s :
Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 103(1) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that his minor son was admitted in P.S. Ganga Hostel, Ahiyapur, Muzaffarpur, run by Ravi Kumar, further on 22.09.2025 Ravi Kumar called and informed that his son is unwell, thus to take him back from the hostel, accordingly the informant reached the hostel on 23.09.2025 in early morning and saw injury on face of his son and his health was deteriorating and the child disclosed that sir assaulted him
2/4 brutally few days back and also said that if he will disclose the assault to anyone then will again be assaulted and started vomiting, thus was taken to a private hospital, where his condition deteriorated, thus was admitted at SKMCH, Muzaffarpur on 27.09.2025, where during the course of treatment the child died on 04.10.2025, it is also alleged that this petitioner came to see the child on 04.10.2025 and said that they are not afraid of police, further the accused persons also dismantled the board of the hostel.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being wife of Ravi Kumar. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that his son was admitted in the hostel of Ravi Kumar and Ravi Kumar on 22.09.2025 called the informant saying that the child was unwell hence to take him back and when the informant reached the hostel, the child disclosed that he was assaulted and thereafter the child was admitted in a private hospital where his condition deteriorated, hence was admitted at SKMCH, where he died during the course of treatment. It is submitted that had the child been assaulted in the manner as alleged in the FIR leading to his
3/4 death then why no FIR came to be instituted promptly on 22.09.2025 itself or thereafter. It is submitted that the FIR came to be instituted on 04.10.2025 i.e. after the death of the child. It is further submitted that as far as petitioner is concerned, she being wife of Ravi came to be implicated with an allegation that on 04.10.2025 she had come to the hospital to see the child and threatened. It is thus submitted that no specific allegation is alleged against the petitioner and the allegation of issuing threat is ornamental. It is further submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove her innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the fact that petitioner is a woman, the petitioner above-named, in the event of her arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ahiyapur P.S. Case No.1367/2025, subject to the
4/4 conditions as laid down under Section 482(2) B.N.S.S. (Satyavrat Verma, J) amit/- U T