Patna High Court
Khushi Sharma @ Khushi Kumari @ Khushi Kumari SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
Khushi Sharma applied for anticipatory bail after being implicated in a kidnapping case (Sections 137(2) and 96 of the B.N.S.) where the victim's daughter was allegedly abducted. The FIR alleges a conspiracy involving several accused, but the petitioner’s alleged role was limited to calling the victim through her brother. The victim’s statement under Sections 180 and 183 of the BNSS does not mention any sexual assault, and she refused a medical examination. The petitioner has no prior criminal record and is a young friend of the victim. Considering that the main thrust of the accusation is against other co‑accused and the petitioner’s involvement is peripheral, the court granted anticipatory bail on condition of a Rs.10,000 bond, two sureties, surrender within four weeks, and compliance with Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of conspiracy in a kidnapping case
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- conspiracy
- Criminal Procedure Code
- bail bond
- sureties
- no criminal antecedent
- love affair
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7442 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Khushi Sharma @ Khushi Kumari @ Khushi Kumari Sharma D/o Binay
Sharma @ Binay Kumar Sharma R/o Village- Purvi Dafarpur, P.S- Nawkothi,
Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Rina Sinha
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case
registered for the offence punishable under Sections 137(2), 96
of the B.N.S.
3. Allegation in the First Information Report is that
the accused persons including the petitioner were involved in
kidnapping the daughter of the informant from her house in
pursuance of conspiracy.
4. Learned counsel for the petitioner submits that the
present case arises out of a love affair between the victim and
one Suraj Kumar @ Mixa and the allegation against the present
petitioner is confined to the fact that she had called the victim to
Patna High Court CR. MISC. No.7442 of 2026(2) dt.04-02-2026
2/3
her house through her brother. From perusal of the bail rejection
order discussing the statements of the victim under Section 180
and 183 of the BNSS also would go to show that the allegations
against the present petitioner is confined to an angle of
conspiracy, however, thrust of the allegation is against other co-
accused persons who had taken her away. However, the victim
has not mentioned any sexual assault or physical intercourse in
her statement and has rather refused to undergo a medical
examination.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the thrust of the
allegation is upon other co-accused persons and the allegations
against the present petitioner who is a young girl and also friend
of the victim is confined to a conspiracy angle, let the above
named petitioner, who has no criminal antecedent, in the event
of her arrest or surrender before the learned Court below within
a period of four weeks from today, be enlarged 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 court below where the case is pending/successor court
Patna High Court CR. MISC. No.7442 of 2026(2) dt.04-02-2026
3/3
in connection with Nawkothi P.S. Case No. 178 of 2025, subject
to the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…