Patna High Court
BABITA DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
Babita Devi was arrested in connection with a case of alleged child theft on a train, charged under Section 137(2) of the BNS and later additional sections including 142, 143(4), 111, 61(2) of the BNS and Section 81 of the Juvenile Justice Act. The prosecution alleged that she bought a stolen infant, while the defence argued that she was falsely implicated, had a clean record, was not identified in the test identification parade, and the child recovered from her was claimed to be her own. The State opposed bail, citing the recovery of a child and a confessional statement of a co‑accused. The court considered the petitioner’s clean antecedent, lack of positive identification, and the circumstances of custody, and decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties and specific conditions under Section 480(3) of the BNSS, including presence at court dates and a close relative as one bailor.
Issues considered
- Whether the petitioner, Babita Devi, is entitled to bail despite the serious nature of the child‑theft allegations and the additional charges under the BNS and Juvenile Justice Act.
Legislation cited
- BNS — s. 111, 137(2), 142, 143(4), 61(2)
- BNSS — s. 480(3)
- Juvenile Justice Act — s. 81
Subjects
- bail
- child theft
- identification parade
- clean antecedent
- Juvenile Justice Act
- Railway Police
- BNS
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5989 of 2026
Arising Out of PS. Case No.-613 Year-2025 Thana- PATNA RAIL P.S. District- Patna
======================================================
Babita Devi, W/O Lallu Kumar, Resident of village- Bhadaur, P.S.- Hilsa,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Rashmi Jha, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Rail P.S. Patna Junction Case No. 613 of 2025,
registered for the alleged offences under Section 137(2) of BNS.
Subsequently, Sections 142, 143(4), 111, 61(2) of BNS and
Section 81 of JJ Act were also added on 05.09.2025.
3. As per prosecution case, the infant of the informant
was stolen by an unknown person, who was travelling in the
same compartment of the train with the informant. The name of
the petitioner came up during investigation as a lady who
bought the child.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.5989 of 2026(2) dt.04-02-2026
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case. The petitioner is having clean antecedent and is in custody
since 05.09.2025. The informant has not identified the petitioner
in the Test Identification Parade. The stolen infant was not
recovered from the possession of the petitioner, rather an
unknown child was recovered from her possession whom she
claims to be her child. Therefore, there is no involvement of the
petitioner in stealing the child of the informant and merely on
the basis of suspicion, she has been made accused in the present
case. The charge sheet has been submitted against the petitioner.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner. The learned APP submits that
recovery of one child has been made from this petitioner whose
name came up in the confessional statement of co-accused.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioner is a lady and further considering the
submission of charge sheet, period of custody of the petitioner
and her clean antecedent, the petitioner is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Railway Judicial Magistrate, Patna/court concerned, in
connection with Rail P.S Patna Junction Case No. 613 of 2025,
Patna High Court CR. MISC. No.5989 of 2026(2) dt.04-02-2026
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subject to the conditions mentioned in Section 480 (3) of BNSS
and also the following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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