Patna High Court
Khushabu Kumari @ Muskan @ Khushabu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Khushabu Kumari, was arrested in connection with a murder case (Amnour PS Case No.22 of 2025) under Sections 331(6), 103(1) and 61(2) of the Bhartiya Nyay Sanhita, 2023, although she is not named in the FIR. The FIR alleges that several co‑accused murdered the informant's son while he slept on a roof, and the petitioner’s alleged involvement is based solely on a prior relationship with one of the accused and the recovery of a blood‑stained jacket from her room. The petitioner’s counsel argued that she has a clean antecedent, the investigation is complete with a charge‑sheet filed, and the evidence does not directly implicate her. The State opposed bail, citing the jacket as incriminating. The court, noting the lack of direct accusation, the petitioner’s clean record, and the completed investigation, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to a person not named in the FIR but implicated on suspicion in a murder case under the Bhartiya Nyay Sanhita
- Whether the recovery of a blood‑stained jacket from the petitioner’s residence constitutes sufficient ground to deny bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 331(6), 61(2)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- murder
- suspicion
- Bhartiya Nyay Sanhita
- criminal procedure
- charge sheet
- investigation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90667 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- AMNAUR District- Saran
======================================================
Khushabu Kumari @ Muskan @ Khushabu Singh W/O Ajit Singh R/O
Village- Kaituka lachchhi, P.S.- Amanour, District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs.Bela Singh, Advocate
Mr.Rajeev Ranjan, Advocate
For the Informant : Mr. Aashish Kumar, Advocate
Mr.Avinash Kr. Pandey, Advocate
For the State : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard Mrs. Bela Singh, learned counsel appearing on
behalf of the petitioner and Mr. Aashish Kumar, learned A.P.P.
for the State.
2. The accused/petitioner seeks bail in connection with
Amnour P.S. Case No. 22 of 2025 registered for the offences
under Sections 331(6), 103(1), 61(2) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The accused/petitioner is not named in the First
Information Report and is in custody since 07.02.2025.
4. As per FIR, all the named co-accused persons
alongwith 3-4 unknown persons on 30.01.2025 at about 6:00
P.M. committed murder of son of the informant while he was
sleeping on the roof of his house.
Patna High Court CR. MISC. No.90667 of 2025(2) dt.11-02-2026
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5. Mrs. Bela Singh, learned counsel appearing on
behalf of the petitioner submitted that informant claimed to be
an eye witness of the occurrence. It is submitted that co-
accused Nitesh Kumar Singh and Ritesh Kumar, both sons of
Jamadar Singh, Rohit Kumar, Ankit Kumar and Raja Kumar
have committed murder of son of the informant as per FIR and
when informant went over the roof, they left the place of
occurrence immediately on his arrival.
6. Mrs. Singh further submitted that in view of
statement of the informant, it can be safely arrived to
conclusion that nonetheless 6-7 accused persons were involved
in committing the murder of son of the informant. It is
submitted that as this petitioner was in talking terms with one
Nitesh Kumar, son of Mishrilal Singh, prior to her marriage with
the elder brother of the deceased for which one police case i.e.
Goraul Katahra P.S. Case No. 384 of 2019 was lodged by the
father of petitioner, merely on the basis of suspicion that as said
Nitesh Kumar was also found roaming around the village and his
call details report suggests that he was also talking on the same
very day with this petitioner, she was implicated with the
present case.
Patna High Court CR. MISC. No.90667 of 2025(2) dt.11-02-2026
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7. It is pointed out by Mrs. Singh that reason for the
occurrence is categorically mentioned in the FIR itself, which is
outraging the modesty of younger sister of the deceased,
therefore, the submission, as advanced by learned counsel for
the petitioner that occurrence took place due to extramarital
affairs with this petitioner, completely unfounded.
8. While concluding argument, Mrs. Singh submitted
that petitioner is a lady of clean antecedent and, moreover,
investigation of this case is already concluded, for which charge-
sheet has been submitted and as such, there is no chance of
tampering with the evidence.
9. Learned A.P.P. for the State duly assisted by
learned counsel for the informant, while opposing the prayer for
bail of the petitioner, submitted that the blood-stained jacket
was recovered from the room of this petitioner.
10. Taking contrary note of the aforesaid submission,
it is pointed out by Mrs. Singh, learned counsel for the
petitioner, that petitioner is the family member and, therefore,
finding of jacket of the deceased in the room of the petitioner is
normal event and for the said recovery, implication of the
petitioner with the present crime in question is not appears
Patna High Court CR. MISC. No.90667 of 2025(2) dt.11-02-2026
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convincing.
11. In view of aforesaid factual submission and by
taking note of the fact as merely on the basis of suspicion as the
petitioner was in talking terms/extramarital affairs with one
Nitesh Kumar, son of Mishrilal Singh, who was found roaming in
the area on the date of occurrence, coupled with the fact that
petitioner is a lady of clean antecedent, who remains in custody
since 07.02.2025, accordingly, above-named petitioner is
directed to be released on bail, furnishing bail bond 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, Saran at Chapra/concerned court, in
connection with Amnour P.S. Case No. 22 of 2025, subject to
the condition as laid down under Section 437(3) Cr.P.C/Section
480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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