Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 103, 61(2), 85
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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