Mamta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84654 of 2025 Arising Out of PS. Case No.-190 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== Mamta Kumari S/o LalKun Sharma Resident Of Village- Bhelauri, P.S.- Chautham, Dist- Khagaria ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 11.07.2025 in connection with Chautham P.S. Case No. 190 of 2025 for the offence punishable under Section 103(1) of BNS.

3. The case of the prosecution, in brief, is that as per the F.I.R. the informant made a written complaint before the Police alleging therein that on 9-7-2025, he received information that his daughter was senseless and while on the way to the hospital she died.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and is innocent and she has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and

Patna High Court CR. MISC. No.84654 of 2025(4) dt.25-03-2026 2/3 fabricated and the petitioner has not committed any offence as alleged in the FIR. It is next submitted that the informant is husband of the petitioner and she has been made an accused in this case based on suspicion. It is further submitted that no cogent material has come during the course of investigation to suggest the involvement of petitioner in the present case. It is also submitted that police after investigation has submitted charge-sheet and the petitioner is in custody since 11.07.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances and that petitioner has clean antecedent and also the fact that no cogent material has come during the course of investigation to suggest the involvement of petitioner in the present case, 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 CJM, Khagaria in connection with Chautham P.S. Case No. 190 of 2025 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.84654 of 2025(4) dt.25-03-2026 3/3 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T