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CDJ 2026 SC 098
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| Court : Supreme Court of India |
| Case No : Criminal Appeal No. of 2026 (arising out of SLP(Crl.) No. 16833 of 2025) |
| Judges: THE HONOURABLE MR. JUSTICE SANJAY KUMAR & THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN |
| Parties : Kusum Kumari @ Soni Kumari Versus State of Bihar |
| Appearing Advocates : For the Petitioner: ------ For the Respondent: ----- |
| Date of Judgment : 16-01-2026 |
| Head Note :- |
| Indian Penal Code, 1860 - Sections 307, 379, 341, 323, 325, 504 506 and 34 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Indian Penal Code, 1860
- Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
2. Catch Words:
- anticipatory bail
- custodial interrogation
- coercive action
- bail
- Section 482(2)
3. Summary:
The appellant, Kusum Kumari @ Soni Kumari, appealed against the High Court’s denial of anticipatory bail in connection with FIR No. 413 of 2024, which alleged offences under several IPC sections. The appellant had earlier filed an FIR and later faced a counter‑FIR, prompting the bail application. The Court observed that custodial interrogation was unnecessary and that the appellant should cooperate with the investigation. It recalled its earlier order prohibiting any coercive action, including arrest, against her. Consequently, the appeal was allowed, setting aside the High Court’s order. The Court directed that if arrested, the appellant must be released on bail by the trial Court under appropriate conditions, and she must continue to cooperate with the investigation while complying with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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1. The appellant, Kusum Kumari @ Soni Kumari, is before this Court aggrieved by the denial of anticipatory bail by the High Court of Judicature at Patna, vide order dated 09.05.2025 in Criminal Miscellaneous No. 14450/2025, in relation to First Information Report (FIR) No. 413 of 2024 dated 04.06.2024, registered with Police Station - Ramakrishna Nagar, District -Patna, Bihar, for the offences punishable under Sections 307, 379, 341, 323, 325, 504 506 and 34 of the Indian Penal Code, 1860.
2. It is a matter of record that the appellant, Kusum Kumari @ Soni Kumari, got registered an FIR, in the first instance, on 27.05.2024, and thereafter one of the accused named therein got registered a counter FIR on 04.06.2024. It is in relation to this counter FIR that the appellant, Kusum Kumari @ Soni Kumari, sought anticipatory bail.
3. Given the aforestated facts, we are of the opinion that custodial interrogation of the appellant, Kusum Kumari @ Soni Kumari, is not warranted and it would suffice if she joins and cooperates with the investigation.
4. By order dated 16.10.2025, this Court had, in fact, directed that no coercive action, including arrest, should be taken against the appellant, Kusum Kumari @ Soni Kumari, in connection with the said FIR.
5. The appeal is accordingly allowed, setting aside the impugned judgment/order. It is directed that, in the event the appellant, Kusum Kumari @ Soni Kumari, is arrested in connection with the FIR in question, she shall forthwith be released on bail on such terms and conditions as may be fixed by the trial Court.
6. The appellant, Kusum Kumari @ Soni Kumari, shall continue to cooperate with the investigation and shall also abide by the conditions stipulated in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of anticipatory bail.
8. Pending application(s), if any, shall stand disposed of.
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