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Patna High Court

Bachhi DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the confessional statement of the co‑accused was sufficient to justify refusal of relief.

Summary

Bachhi Devi sought anticipatory bail after learning that she might be arrested in a murder case registered under Section 96 of the B.N.S., later amended to include Sections 103(1), 238 and 3(5). The prosecution alleged that the minor daughter of an informant was missing and later found dead, based primarily on the confessional statement of Rohit Kumar, who is the petitioner’s son. The petitioner argued that she was not named in the FIR and that no material evidence besides the co‑accused’s confession linked her to the crime. The State opposed bail, contending that Rohit’s confession implicated the petitioner, her husband, and himself in the murder. The Court, after considering the investigation material and the confessional statement, rejected the petition for anticipatory bail, holding that the confession provided sufficient ground to deny relief.

Issues considered

  • What is the appropriate standard for granting anticipatory bail when the only incriminating material is a co‑accused’s confessional statement?
  • Does the absence of the petitioner’s name in the FIR preclude the grant of anticipatory bail?

Legislation cited

  • B.N.S. — s. 103(1), 238, 3(5), 96

Subjects

  • anticipatory bail
  • confessional statement
  • murder
  • FIR
  • criminal procedure
  • bail jurisprudence
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5675 of 2026

                    Arising Out of PS. Case No.-140 Year-2025 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Bachhi Devi W/O Raj Mangal Mahto Resident of Village- Narwara, P.S.
                 Tariyani, District- Sheohar.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Bhavesh Kumar, Advocate
                 For the State           :        Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Section 96 of the

                   B.N.S. and later on, Sections 103(1), 238 and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   26.04.2025, minor daughter of informant went missing and later

                   on, on the basis of confessional statement of co-accused person,

                   her dead body was found.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.5675 of 2026(2) dt.04-02-2026
                                            2/3




          committed no offence. Petitioner is not named in the F.I.R..

          Name of petitioner transpired in this case during course of

          investigation, merely on the basis of confessional statement of

          co-accused Rohit Kumar, who happens to be son of this

          petitioner. Save and except confessional statement, there is no

          material on record to show the complicity of this petitioner in

          the alleged offence. Petitioner is a lady and claims clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the petitioner

          and submitted that the present F.I.R. was instituted under

          Section 96 of the B.N.S. against unknown persons and during

          investigation, one co-accused, namely Rohit Kumar, was

          apprehended, who in his confessional statement clearly stated

          that he, along with his father and this petitioner, committed

          murder of daughter of informant by way of strangulating her

          neck and buried her dead body in a ditch. The dead body was

          recovered on the basis of confessional statement of co-accused

          Rohit Kumar.

                       6. Considering the facts and circumstances of the

          case, materials that have surfaced during course of investigation
             Patna High Court CR. MISC. No.5675 of 2026(2) dt.04-02-2026
                                                         3/3




                       and confessional statement of co-accused Rohit Kumar, the

                       prayer for grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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