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Patna High Court

Khushboo SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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