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Patna High Court

Khushboo KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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