Patna High Court
Aarti deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Aarti Devi, sought bail in a murder case (Charpokhari P.S. Case No. 186 of 2025) registered under Section 140(3) of the BNS. The prosecution alleged that she was involved in the killing of the informant's brother, based partly on a confessional statement of a co‑accused and a recorded statement of the petitioner, though no physical evidence such as blood test results was on record. The petitioner contended she was falsely implicated, had no criminal record, was a widow and sole breadwinner, and that the confessional statements lacked legal sanctity. The State argued that she conspired with others to commit the murder. Considering the lack of incriminating material, the petitioner’s personal circumstances, and the fact that she is a woman, the court ordered her release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner under Section 140(3) of the BNS in view of the alleged murder charges.
- Whether the confessional statements of the co‑accused and the petitioner are admissible and sufficient to deny bail.
- Whether the petitioner’s status as a woman and sole breadwinner warrants bail despite the charge sheet.
Legislation cited
Subjects
- bail
- criminal procedure
- confessional statement
- women's rights
- Section 140(3) BNS
- Section 480(3) BNSS
- murder
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90903 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Aarti devi S/o Late Laljee Chaudhary @ Late Laljee Chaudhari @ Lalji
Chaudhari R/o Vill- Sohanpura (Sahaspura), P.S.- Charpokhari, Distt- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar, Adv.
For the State : Mr.Madan Kumar, APP
For the Informant : Ms. Swarnima, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Charpokhari P.S. Case No. 186 of 2025,
registered for the offences under Sections 140(3) of the BNS.
3. As per the prosecution case, the brother of the
informant went to attend the call of nature but did not return.
Subsequently, his dead body was recovered and the name of the
petitioner transpired during investigation for being involved in
the murder of the brother of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and she has
been falsely implicated in this case. During investigation the
Patna High Court CR. MISC. No.90903 of 2025(3) dt.24-02-2026
2/3
confessional statement of coaccused Mangru Chaudhary was
recorded and on the basis of confessional statement, this
petitioner was apprehended and her confessional statement was
also recorded but such statements are having no legal sanctity.
Nothing incriminating has been recovered from person or
possession of this petitioner though it has come during
investigation that there were some blood marks in the Kitchen
of the petitioner, the same was sent to FSL to compare it with
the blood of the deceased but no such report has come on record
till date. The learned counsel further submits that the petitioner
is a widow and the sole bread earner for her family. The
petitioner has got no criminal antecedent and she is in custody
since 03.09.2025.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the name of the petitioner transpired during
investigation and it was found that the petitioner was in
relationship with a number of persons who conspired together
with this petitioner and killed the brother of the informant.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of material against the petitioner and also considering the
Patna High Court CR. MISC. No.90903 of 2025(3) dt.24-02-2026
3/3
fact that she is a lady and charge sheet has been submitted
against her, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned JMFC, Bhojpur at Ara/concerned court,
in connection with Charpokhari P.S. Case No. 186 of 2025,
subject to the condition laid down under Section 480(3) of the
BNSS 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)
Anuradha/-
U T
Checking your session…