Patna High Court
Roushani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Roushani Devi, was implicated in a case alleging that her husband sold their son to a third party, with the offence alleged under Sections 140(2) and 143(4) of the Bhartiya Nyaya Sanhita. The investigation revealed that the informant's husband confessed to contacting a buyer and that the petitioner’s husband was introduced to the buyer, but the petitioner herself was not the holder of the mobile number used and did not directly participate in the alleged transaction. The petitioner had already been granted regular bail in a related case, and other co‑accused had been granted anticipatory bail by a coordinate bench of the same court. The petitioner’s counsel argued that there was no basis to deny anticipatory bail. Considering the nature of the allegations, the lack of direct involvement, and the precedent of bail to co‑accused, the court granted anticipatory bail to the petitioner under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in view of the allegations under Sections 140(2) and 143(4) of the Bhartiya Nyaya Sanhita.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 183, 482(2)
- Bhartiya Nyaya Sanhita — s. 140(2), 143(4)
Subjects
- anticipatory bail
- child trafficking
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10313 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- Sonki District- Darbhanga
======================================================
Roushani Devi Son of Lakshmi Choupal Resident of Village - Ahiyapur, P.S.-
Bhalpatti, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Mr. Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 23-04-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sonki Police Station Case No. 95 of 2025, dated
03.07.2025, disclosing offences under Sections
140(2)/143(4) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 02.07.2025, while the informant was sleeping
with her son at about 01:0 PM, her husband took their son
to doctor’s clinic and returned after some time, but the
informant’s son was not with him and when she
questioned her husband, informant’s husband told that he
has sold their son to a person having mobile no.
7261914651. When the informant called on the mobile
Patna High Court CR. MISC. No.10313 of 2026(3) dt.23-04-2026
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number, the said person demanded a sum of Rs. 2 Lakhs.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and she is not the holder of mobile no.
7261914651. He next submits that during course of
investigation, the police apprehend the informant’s
husband Sone Lal Mahto and he confessed before police
that he contacted the person, namely, Raj Kishore Rai,
and told that he wanted to sell his son. Upon which he
introduced informant’s husband to one Lakshmi Choupal
i.e. petitioner’s husband. The police constituted a team in
civil dress and went to Majhiama with fake money along
with informant, where they found Lakshmi Choupal
(petitioner’s husband), Shiv Choupal, Rama Choupal,
Vivek Paswan, Satto Choupal and Rajeev Choupal and
the said persons told them to come Ahiyapur where child
would be handed over. The name of petitioner transpired
during course of investigation only because she happens
to be the wife of co-accused Lakshmi Choupal. The co-
accused Lakshmi Choupal has been granted regular bail
by subordinate court itself. He further submits that in the
statement of informant, recorded under Section 183 of the
Patna High Court CR. MISC. No.10313 of 2026(3) dt.23-04-2026
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Bhartiya Nagrik Suraksha Sanhita, she has not disclosed
the name of petitioner. The boy has been recovered by the
police for which Bhalpatti Police Station Case No. 59 of
2025 has been registered, in which the petitioner has been
granted regular bail. The other accused persons whose
name came along with the petitioner’s husband have been
granted anticipatory bail by a Co-ordinate Bench of this
Court in Cr. Misc. No. 3405 of 2026 and Cr. Misc. No.
3772 of 2026.
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the nature of
allegation against the petitioner and the fact that similarly
situated co-accused persons, including petitioner’s
husband, have been granted anticipatory bail by a Co-
ordinate Bench of this Court, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.10313 of 2026(3) dt.23-04-2026
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Judicial Magistrate IX, Darbhanga, in connection with
Sonki Police Station Case No. 95 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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