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Patna High Court

Shalu KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the confessional statement alone does not constitute sufficient evidence and she has no prior criminal record.

Summary

Shalu Kumari was arrested in connection with the murder of her husband, whose body was found with bullet and cut injuries. The prosecution alleged her involvement based on a confessional statement recorded by police, while she claimed she was falsely implicated due to a property dispute and had no criminal antecedent. The court noted that the confessional statement alone lacks evidentiary value and there was no direct allegation against her. Considering her custody since July 2025 and the absence of prior convictions, the court decided to grant bail. Bail was conditioned on personal appearance in court until charge framing and cooperation with the trial, with a bond of Rs. 10,000 and two sureties.

Issues considered

  • Whether the confessional statement recorded by police can be the sole basis for denying bail
  • Whether the petitioner poses a flight risk or threat to the investigation
  • Whether the evidence presented is sufficient to justify continued detention

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • Arms Act
  • criminal procedure
  • false implication
  • property dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73558 of 2025
                    Arising Out of PS. Case No.-318 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Shalu Kumari W/o Late Dhiraj Singh R/o Village - Rawaich, P.S -
                 Baktiyarpur District - Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arjun Prasad, Advocate
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   11-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 103(1), 238 of the

                   B.N.S. and Section 27 of the Arms Act.

                                   3. As per the prosecution case, on 07.07.2025 at

                   about 08:15 a.m. on information, the informant along with a

                   police team reached near the bridge of Doha River and found a

                   dead body lying in the river. Marks of bullet injury and sharp

                   cut injury were found on the dead body.

                                   4. The learned counsel for the petitioner submits

                   that the petitioner has been falsely implicated in this case only

                   on the basis of suspicion and the First Information Report was

                   lodged against unknown upon recovery of the dead body of 22
Patna High Court CR. MISC. No.73558 of 2025(4) dt.11-02-2026
                                            2/3




          years old man, which is said to be the petitioner’s husband. It

          has further been submitted that the petitioner had a love

          marriage with the deceased and one daughter was also born out

          of the wedlock and there is no reason why she would be

          involved in the murder of her husband rather it was the other

          family members, who had greedy eye on his property whose

          involvement could be possible. Her implication is based upon

          her own confessional statement recorded before the police,

          wherein she has accepted her role in conspiracy and

          connivance with other accused persons to cause the death of

          the deceased but even in such statement the role of taking the

          deceased to other place and killing him rests on other accused

          persons. The petitioner is in custody since 08.07.2025 with no

          criminal antecedent.

                          5. Learned APP for the State opposed the grant of

          bail on the ground of allegations made in the First Information

          Report.

                         6. Taking into consideration the facts and

          circumstances and considering the fact that there is no direct

          allegation against the petitioner but for the confessional

          statement, which has no evidentiary value, coupled with the

          fact that she is in custody since 08.07.2025 and the charge-
            Patna High Court CR. MISC. No.73558 of 2025(4) dt.11-02-2026
                                                        3/3




                      sheet having been submitted, let the above named petitioner,

                      who has no criminal antecedent, be released on bail on

                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned A.C.J.M.-III, Barh/concerned Court below in

                      connection with Bakhtiyarpur P.S. Case No. 318 of 2025

                      subject to condition that:-

                                              (i) The petitioner shall remain physically
                              present in court on each and every date till the framing of
                              charge and in the event of failure on two consecutive dates
                              without sufficient reasons, her bail bonds shall be liable to be
                              cancelled by the learned court concerned and after framing of
                              charge, she will co-operate in the trial.



                                                (Soni Shrivastava, J)
anand/-
U       T


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