Created by Fuzzy Cloud

Patna High Court

Babita Devi @ Babita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Babita Devi, was arrested in connection with a murder case (Piri Bazar PS Case No. 149 of 2025) 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. She is alleged to be the mother of Muskan Kumari, who was in a relationship with the deceased, and the prosecution claims the murder was carried out by her husband and co‑accused. The petitioner pleaded innocence, highlighted her lack of prior criminal record, and emphasized her status as a woman while having been in custody since 15‑09‑2025. The State opposed the bail application. Considering the petitioner’s gender, the length of custody, and the absence of any criminal antecedents, the Court allowed regular bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for appearance and cooperation in the trial.

Issues considered

  • What is the appropriate discretion of the Court in granting regular bail to a woman accused of murder and offences under the Arms Act?
  • Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act precludes the grant of bail?

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • gender considerations
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17623 of 2026
                    Arising Out of PS. Case No.-149 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Babita Devi @ Babita Kumari W/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, Babita

                   Devi @ Babita Kumari, is the mother of one Muskan Kumari,

                   who was in a relationship with the deceased. The deceased was

                   allegedly killed by the husband of the petitioner namely Niraj

                   Singh @ Niraj Kumar Singh along with other co-accused

                   persons.
Patna High Court CR. MISC. No.17623 of 2026(3) dt.13-05-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          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
            Patna High Court CR. MISC. No.17623 of 2026(3) dt.13-05-2026
                                                        3/3




                      prima facie in nature and limited solely for the purpose of

                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.