Patna High Court
Khushboo SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners applied for anticipatory bail in a criminal case (Chapra Muffasil P.S. Case No. 502 of 2024) that alleged offences under Sections 126(2), 115(2), 109, 352, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the Domestic Violence Act. The petitioners, who are related to each other and to Nisha Kumari, claimed that the allegations were false, fabricated and that they were being implicated because of personal relationship disputes. The opposite parties contended that the petitioners, especially Nisha Kumari, were involved in an adulterous relationship and had abducted the husband of another petitioner, urging that bail be denied. The court examined the nature of the allegations, the lack of evidence of a flight risk or tampering with evidence, and the protective purpose of anticipatory bail under Section 482(2) of the BNSS. Accordingly, the court granted anticipatory bail to the petitioners subject to a cash bond of Rs 10,000 and two sureties, with the usual conditions imposed under the BNSS.
Issues considered
- Whether anticipatory bail should be granted under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the personal relationship and alleged adultery of the petitioners affect the grant of bail.
- Whether there is a likelihood of the petitioners fleeing, tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 352, 482(2), 85
- Domestic Violence (Prevention) Act — s. ¾
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Domestic Violence Act
- adultery
- false allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57905 of 2025
Arising Out of PS. Case No.-502 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Khushboo Singh D/O-Nagendra Singh @ Nagendra Bahadur Singh Resident
Of Jr Mig 71 Kabir Nagar, Tatibandh, P.S. - Kabir Nagar, District - Raipur,
State- Chhattisgarh.
2. Suman Singh W/O-Nagendra Singh @ Nagendra Bahadur Singh Resident
Of Jr Mig 71 Kabir Nagar, Tatibandh, P.S. - Kabir Nagar, District - Raipur,
State- Chhattisgarh.
3. Harish Singh S/O- Nagendra Singh @ Nagendra Bahadur Singh Resident Of
Jr Mig 71 Kabir Nagar, Tatibandh, P.S. - Kabir Nagar, District - Raipur,
State- Chhattisgarh.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Nisha Kumari W/O-Abhishek Kumar, D/O- Abhimanyu Mishra Resident Of
Village- Mishra Toli, Chateyan, P.S- Siswan, District-Siwan, Presently
Residing At Pramarsh Nagar, Budhiya Mai, P.S- Chapra Muffasil, District-
Saran.
3. Abhishek Kumar S/o Viresh Chaubey, R/o-Vill Budhiyamai, P.S-Mufassil,
Dist- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Danish Quamar
For the Opposite Party/s : Mr. Brajendra Nath Pandey
Mr. Chandra Mohan Jha,
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-02-2026 Heard the learned counsel for the petitioners, the
learned APP for the State and the learned counsel for the
opposite parties.
2. The petitioners apprehend arrest in connection with
Chapra Muffasil P.S. Case No. 502 of 2024 registered for
offences under Sections 126(2), 115(2), 109, 352, 85 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the DP Act.
Patna High Court CR. MISC. No.57905 of 2025(5) dt.23-02-2026
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3. The petitioner no. 1, Nisha Kumari claims to be the
wife of O.P. No. 3, Abhishek Kumar. Petitioner Nos. 2 and 3 are
related to petitioner no. 1. It appears that O.P. No. 3 is having
live-in-relationship with the petitioner no. 1. Earlier he was in
live-in-relationship with one Shikha Kumari. After leaving
Shikha Kumari, the O.P. No.3 got married to O.P. No. 2 and
thereafter he had deserted O.P. No. 2 and now he is staying with
petitioner no. 1.
4. The learned counsel for the petitioners submits that
the petitioners deserve anticipatory bail as the petitioner no. 1 is
a woman and the petitioner nos. 2 and 3 are related to petitioner
no. 1 and the allegations against the petitioners are false and
fabricated and they have falsely been implicated in this case.
5. The learned counsel for the Opposite Parties has
vehemently opposed the prayer for bail and has submitted that
the petitioners including the petitioner no.1 have taken away the
husband of the O.P. No. 2 and the petitioner no. 1 is in
adulterous relationship with the husband of the O.P. No. 2.
6. Considering the aforesaid facts and circumstances
of the case and the submissions of the parties, this application
for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
Patna High Court CR. MISC. No.57905 of 2025(5) dt.23-02-2026
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the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Saran at Chapra/concerned court
below in connection with Chapra Muffasil P.S. Case No. 502 of
2024 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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