Patna High Court
Babita Devi @ Babita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-B)a, 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
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
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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
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