Created by Fuzzy Cloud

Patna High Court

Aarti deviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 140(3)
  • BNSS — s. 480(3)

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.