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Patna High Court

Roushani DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




                  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
                                                        4/4




                              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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