Patna High Court
Khushboo KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted in the present circumstances.
Summary
Khushboo Kumari, a government servant, was arrested in connection with an alleged abetment of suicide under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. She had been in custody since 20‑11‑2024 and her earlier bail application was rejected on 02‑09‑2025. The petitioner filed a second bail application, arguing the long period of detention, delay in trial, her government employment and lack of flight risk. The Patna High Court, noting these factors, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge. The court clarified that its order was limited to the bail matter and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to an accused of abetment of suicide under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita considering the period of custody, trial delay, and the accused’s status as a government servant.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- abetment of suicide
- Bharatiya Nyaya Sanhita
- criminal procedure
- government servant
- flight risk
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21690 of 2026
Arising Out of PS. Case No.-135 Year-2024 Thana- TERHAGACHH District- Kishanganj
======================================================
Khushboo Kumari W/O Vikash Kumar Singh Resident of Village- Dhanuti,
P.S.- Barun (Baran), District Aurangabad. At present of muhalla- Uhs Jhunki
Musahari, Purv Terhagachh, P.S- Kishanganj, Dist Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr.Rajani Ranjan Pd. Singh, Advocate
For the State : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned Senior Counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Terhagachh P.S.
Case No. 135 of 2024 registered for the offence punishable
under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 02.09.2025 passed in Cr. Misc.
No. 4758 of 2025.
4. The allegation against the petitioner is of abatement
of suicide.
5. The petitioner is in custody since 20.11.2024 and
the trial is continuing. Out of fifteen witnesses, five witnesses
Patna High Court CR. MISC. No.21690 of 2026(2) dt.07-04-2026
2/2
have been examined. The petitioner is also a government
servant.
6. Considering the period of custody, the delay in trail
and the fact that the petitioner is a government servant and there
is no chance of her escaping, this application is allowed.
7. 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
Additional Sessions Juge-1, Kishanganj in connection with
Terhagachh P.S. Case No. 135 of 2024.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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