Patna High Court
Khushboo Devi @ Khushboo KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, finding that the charge‑sheet under Section 108 demonstrated insufficient evidence to justify continued detention.
Summary
The petitioner, Khushboo Devi, was arrested for allegedly conspiring to murder her husband under Sections 103(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case lacked any eye‑witness, and the petitioner claimed she learned of her husband’s death only the next day, asserting that the allegation was false and stemmed from a domestic dispute. The post‑mortem report showed a ligature mark with death caused by asphyxia due to antemortem hanging, and the charge‑sheet was filed under Section 108 of the same Act, indicating insufficient evidence to prove the murder. The petitioner had been in custody since 14‑May‑2025 together with her three‑year‑old child and had no prior criminal record. The State opposed bail, but the Court, considering the lack of substantive evidence and the petitioner’s custodial circumstances, ordered her release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to the accused in a murder case where the charge‑sheet is filed under Section 108 indicating lack of sufficient evidence
- Whether the presence of a minor child in custody and the absence of eye‑witnesses justify bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 108, 3(5), 61(2)
Subjects
- bail
- murder
- charge-sheet
- Section 108
- minor child
- custody
- evidence
- false allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77596 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Khushboo Devi @ Khushboo Kumari D/O Ramkaran Sahani Resident of
village- Jitkahiya, Jhitkahiya, P.S.- Aurai, Hathauri, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 19-02-2026 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), 61(2) and 3(5) of
the B.N.S., 2023.
3. As per the prosecution case, the petitioner is
alleged to have killed her husband in conspiracy and connivance
with the other accused persons.
4. The learned counsel for the petitioner submits that
the petitioner is admittedly the wife of the deceased and a false
allegation has been levelled upon her that she along with other
co-accused persons killed her own husband and hanged his body
in the bamboo orchard. As a matter of fact, there is no eye-
witness to the alleged occurrence and the petitioner has come to
know about the death of her husband on the following day.
However, the petitioner has herself admitted in paragraph-12 of
the case diary that there was some dispute between the petitioner
Patna High Court CR. MISC. No.77596 of 2025(5) dt.19-02-2026
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and her husband and it is only on account of such dispute that she
has been made an accused in this case. Further, the postmortem
report also indicates only a ligature mark and cause of death is
said to asphyxia caused by antemortem hanging. After
investigation, charge-sheet has also been submitted under Section
108 of the B.N.S. and as such, the allegation of committing the
murder of the deceased has not been found to be true. The
petitioner is in custody since 14.05.2025 along with three year old
child and has no criminal antecedent.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that charge-sheet has been
filed under Section 108 of the B.N.S. and the petitioner is in
custody along with her minor child, let the above named
petitioner, 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 J.M. Ist Class,
(East) Muzaffarpur/concerned Court below in connection with
Hathauri P.S. Case No. 72 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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