Patna High Court
Khushboo Kumari @ Khusboo Devi @ Khushboo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no direct allegation against her and deeming the period of custody sufficient ground for release.
Summary
The petitioner, Khushboo Kumari, sought bail in a case (Charka Pathar P.S. Case No. 72 of 2025) where she was accused, along with family members, of torturing and killing a woman over a dowry demand, alleged under Sections 61(2), 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged a dowry‑related murder, while the petitioner contended she was falsely implicated, being the sister‑in‑law of the deceased with no direct involvement or criminal antecedent. Her counsel argued that no specific overt act was attributed to her and that she had already been in custody since 7 July 2025. The State opposed bail. Considering the absence of a direct allegation against her and the length of her custody, the Court inclined to grant bail, ordering release upon furnishing a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged dowry‑related murder charges under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 61(2), 80(2)
Subjects
- bail
- dowry death
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76263 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- Charkapathar District- Jamui
======================================================
Khushboo Kumari @ Khusboo Devi @ Khushboo Devi Wife of Ramchandra
Pramar (D/o Ranveer Singh) Resident of Gram Maheshwari, Post-
Maheshwari, P.S.- Sono, Tola- Mahesri Gadi, District- Jamui, Bihar, presently
residing at village- Mahadv Simariya, P.S.- Sikandara, District- Jamui, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ansh Prasad, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Charka
Pathar P.S. Case No. 72 of 2025 instituted for the offences under
Sections 61(2), 80(2), 238, 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that the petitioner
alongwith the family members tortured and killed the deceased
for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is the sister-in-law (nanad) of the deceased. Learned
Patna High Court CR. MISC. No.76263 of 2025(4) dt.04-02-2026
2/2
counsel for the petitioner submitted that general and omnibus
allegation has been made against the petitioner. No specific
overt act is alleged against the petitioner. Learned counsel
further submitted that petitioner is separate in mess and business
and has got no concern in the family affairs of the deceased and
her husband. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 07.07.2025 and has no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no direct allegation against the petitioner
as also the period of custody undergone by the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Charka Pathar P.S.
Case No. 72 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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