Patna High Court
Kabita Kumari @ Kavita Kumari @ Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to both petitioners, directing them to furnish a bail bond with two sureties.
Summary
The petitioners, Kabita Kumari and Om Prakash Sahani, were arrested in connection with a murder case (Kanti P.S. Case No. 412 of 2024) under sections 103, 61(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Kabita had a love affair with the informant's brother, who later disappeared and was found dead. The petitioners contended that the allegations were false, there was no eye‑witness, they have no prior criminal record, and they have been in judicial custody for seven months since July 2025. The State opposed bail but did not dispute the absence of an eye‑witness. Considering the lack of direct evidence, the prolonged pre‑trial detention, and the filing of the charge‑sheet, the Court ordered regular bail for both petitioners upon furnishing a bail bond of Rs.10,000 with two sureties each. The order was directed to be complied with by the Additional Chief Judicial Magistrate, Muzaffarpur.
Issues considered
- Whether regular bail should be granted to the accused in a murder case where the FIR alleges a love‑affair motive but there is no eye‑witness.
- Whether the seven‑month pre‑trial custody and the filing of a charge‑sheet justify bail despite serious charges under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5), 61(2)
Subjects
- regular bail
- pre‑trial detention
- no eye‑witness
- criminal procedure
- Bharatiya Nyaya Sanhita
- murder case
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89274 of 2025
Arising Out of PS. Case No.-412 Year-2024 Thana- KANTI District- Muzaffarpur
======================================================
1. Kabita Kumari @ Kavita Kumari @ Kavita Devi Wife of Om Prakash
Sahani @ Om Prakash Kumar
2. Om Prakash Sahani @ Om Prakash Kumar Son of Horil Sahani
Both are R/o Village - Fatehpur(Dhamauli Ramnat, Police Station - Kanti,
District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Kanti P.S. Case no.412
of 2024 registered under sections 103, 61(2), 238 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his brother was having a love affair with the petitioner no.1
who happens to be the wife of petitioner no.2. The petitioner
no.1 called his brother and thereafter he disappeared.
Subsequently, his dead body was discovered.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. The
allegations of petitioner no.1 having a love affair with the
Patna High Court CR. MISC. No.89274 of 2025(3) dt.24-02-2026
2/2
deceased brother of the informant is false and incorrect. In any
case of the matter, there is no eye witness to the alleged
occurrence. The petitioners are in judicial custody since
18.7.2025 and have no criminal antecedent. Chargesheet has
been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State, however, it is not denied that there is no eye
witness to the occurrence.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, there being no eye
witness to the occurrence, the petitioners being in custody for 7
months since 18.7.2025 and chargesheet having been submitted
in the case, the Court directs both the petitioners to be enlarged
on bail in connection with Kanti P.S. Case no.412 of 2024 on
each of them furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate
1st, (West) Muzaffarpur.
(Partha Sarthy, J)
Saurabh/-
U T
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