Patna High Court
Shalu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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
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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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