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Patna High Court

Babita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Babita Devi, the petitioner, was arrested in connection with a case registered under Sections 85, 103 and 61(2) of the B.N.S. following the death of a child belonging to an informant who alleged domestic torture. The petitioner contended that she is merely a relative ("gotni") of the informant, that the allegations are vague, and that she has been detained solely on suspicion without any prior criminal record. She also pointed out that similarly situated co‑accused had been granted bail in a recent decision of the same court. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court considered the lack of antecedents, the nature of the allegations, and the precedent, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 85, 103 and 61(2) of the B.N.S. given the circumstances of the case
  • Whether mere suspicion and a general allegation justify continued judicial custody

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • judicial custody
  • B.N.S.
  • Sections 85, 103, 61(2)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6423 of 2026
                     Arising Out of PS. Case No.-112 Year-2025 Thana- SITAMARHI District- Nawada
                 ======================================================
                 Babita Devi W/O Arjun Yadav Resident Of Village - Mahuari, P.S- Sitamarhi,
                 District- Nawada
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :      Mr.Humayou Ahmad Khan, APP
                 For the Informant        :      Mr. Satrudhan Kumar, Advocate
                                                 Mr. Dheeraj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sitamarhi P.S. Case No.112 of 2025 registered for the

                   offence punishable under Sections 85, 103, 61(2) of the B.N.S.

                                3. The prosecution story in brief is that the informant

                   was married in the year 2016 with Guddu Yadav. It is the case of

                   the informant that she was tortured by her husband and other in-

                   laws. A son was born to her in November 2023. On 03.09.2025

                   at about 12.30 P.M she went to village Katghara in order to buy

                   ration and asked her husband to take care of her son. After about

                   one hour she came back to house and found that her son was

                   dead.

                                4. Learned counsel appearing on behalf of the
            Patna High Court CR. MISC. No.6423 of 2026(3) dt.10-04-2026
                                                        2/2




                      petitioner has submitted that petitioner is ‘gotni’ of the

                      informant. It is further submitted that the nature of allegation is

                      general and omnibus. It is further submitted that the petitioner

                      has been implicated in this case only on the basis of suspicion. It

                      is further contended that similarly situated co-accused persons

                      have been granted bail by a Bench of this Court vide order

                      dated 25.03.2026 passed in Cr. Misc. No. 19775 of 2026.

                      Moreover, the petitioner has been languishing in judicial

                      custody since 04.09.2025 having no criminal antecedent.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                      sureties of the like amount each to the satisfaction of the court

                      of learned A.D.J.-IXth, Nawada in connection with Sitamarhi

                      P.S. Case No.112 of 2025.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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