Patna High Court
Muskan KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Muskan Kumari, was arrested in connection with a case registered under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 27 of the Arms Act, alleging involvement in the killing of her boyfriend by her father. The prosecution alleged that the father, Niraj Singh, along with co‑accused, committed the murder, while the petitioner claimed she had no role in the offence and possessed no prior criminal record. The petitioner’s counsel emphasized her gender, the length of her pre‑trial custody since 15‑09‑2025, and the lack of specific evidence against her, seeking regular bail. The State opposed the bail application, arguing the seriousness of the charges. The Court, considering the petitioner’s status as a woman, the custody period, and the absence of concrete incriminating material, allowed the bail application subject to a bond of Rs.10,000 and two sureties, with conditions of regular appearance. The Court clarified that its observations were prima facie and not intended to influence the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under the charges of Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 27 of the Arms Act.
- Whether the petitioner’s gender and period of pre‑trial detention justify the grant of bail despite the seriousness of the alleged offences.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- regular bail
- pre‑trial detention
- women’s rights
- Bharatiya Nyaya Sanhita
- Arms Act
- prima facie observation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16266 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
======================================================
Muskan Kumari D/O Niraj Singh R/O Village Masudan Abhaypur, P.S- Piri
Bazar, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
Ms. Priyanka Singh
For the Opposite Party/s : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Piri Bazar P.S. Case No. 149 of 2025 registered for the offence
under Section(s) 103(1) and 61(2) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 25(1-B)a, 26 and 27 of the Arms
Act.
3. As per the prosecution case, the petitioner, Muskan
Kumari, was in a relationship with the deceased. The deceased
was allegedly killed by the father of the petitioner, namely Niraj
Singh @ Niraj Kumar Singh along with other co-accused
persons.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16266 of 2026(3) dt.13-05-2026
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petitioner is innocent and has not committed any offence. The
petitioner is in custody since 15.09.2025 and has no criminal
antecedents. It is further submitted that the petitioner is a
woman and there are general and omnibus allegations against
her.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the fact that the petitioner is a woman and the period of custody,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Piri Bazar P.S. Case
No. 149 of 2025 subject to conditions that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.16266 of 2026(3) dt.13-05-2026
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adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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