Patna High Court
Khushbu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties and conditions under Section 480(3) of the B.N.S.S.
Summary
Khushbu Devi was arrested in connection with the murder of a three‑year‑old child, initially charged under Section 137(2) of the B.N.S., 2023 and later under Sections 103(1), 238 and 61(2) read with 3(5). She contended that she was falsely implicated, being the sister‑in‑law of the informant, and that the co‑accused had blamed each other. The petitioner highlighted her clean antecedent, the filing of the chargesheet, her prolonged custody since 13‑05‑2025, and the fact that a similarly situated co‑accused had been granted bail. The State opposed bail. Considering the petitioner’s gender, custody period, clean record, and the precedent of bail to the co‑accused, the Court ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the B.N.S. considering the nature of the offence and the circumstances of her detention
Legislation cited
- B.N.S., 2023 — s. 103(1), 137(2), 238, 3(5), 61(2)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- false implication
- child murder
- gender considerations
- clean antecedent
- chargesheet
- Section 480(3)
- Bihar Negotiable Statutes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84455 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Khushbu Devi Wife of Biranchi Kumar @ Biranchi Sah, Resident of Village-
Thuthi Mohanpur (Thana Tola), P.S.- Chautham, District- Khagaria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Chautham P.S. Case No. 113 of 2025, dated
10.05.2025, registered for the offences punishable under Section
137(2) of the B.N.S., 2023, which was later converted into
Sections 103(1), 238 and 61(2) read with Section 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, the three year old
child of the informant went missing and later on his dead body
was recovered from a maize field. The name of the petitioner
along with the co-accused transpired during investigation for
killing the said child.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.84455 of 2025(3) dt.11-02-2026
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petitioner submits that petitioner has falsely been implicated in
the present case. The petitioner is sister-in-law of the informant
and the allegation is simply not believable. The police recorded
the self-inculpatory confession of the petitioner and co-accused
and it appears that the co-accused, who is also sister-in-law of
this petitioner, named this petitioner and it appears that both the
co-accused persons have been blaming each other for causing
the death of child of the informant. The co-accused Sulekha
Devi has been granted bail by a learned co-ordinate Bench of
this Court vide order dated 17.09.2025 passed in Cr. Misc. No.
63630 of 2025 and the case of the petitioner stands on similar
footing. Learned counsel next submits that petitioner is having
clean antecedent and chargesheet has been submitted. Learned
counsel lastly submits that petitioner is in custody since
13.05.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that petitioner is a lady and further considering her period
of custody, clean antecedent and submission of chargesheet and
also considering the grant of bail to a similarly placed co-
Patna High Court CR. MISC. No.84455 of 2025(3) dt.11-02-2026
3/3
accused by a learned co-ordinate Bench of this Court, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Khagaria /
concerned Court, in connection with Chautham P.S. Case No.
113 of 2025, subject to the condition laid down under Section
480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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