Bachhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5675 of 2026 Arising Out of PS. Case No.-140 Year-2025 Thana- AAJAM NAGAR District- Katihar ====================================================== Bachhi Devi W/O Raj Mangal Mahto Resident of Village- Narwara, P.S. Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Bhavesh Kumar, Advocate For the State :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 96 of the B.N.S. and later on, Sections 103(1), 238 and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that on 26.04.2025, minor daughter of informant went missing and later on, on the basis of confessional statement of co-accused person, her dead body was found.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has

Patna High Court CR. MISC. No.5675 of 2026(2) dt.04-02-2026 2/3 committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation, merely on the basis of confessional statement of co-accused Rohit Kumar, who happens to be son of this petitioner. Save and except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged offence. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that the present F.I.R. was instituted under Section 96 of the B.N.S. against unknown persons and during investigation, one co-accused, namely Rohit Kumar, was apprehended, who in his confessional statement clearly stated that he, along with his father and this petitioner, committed murder of daughter of informant by way of strangulating her neck and buried her dead body in a ditch. The dead body was recovered on the basis of confessional statement of co-accused Rohit Kumar.

6. Considering the facts and circumstances of the case, materials that have surfaced during course of investigation

Patna High Court CR. MISC. No.5675 of 2026(2) dt.04-02-2026 3/3 and confessional statement of co-accused Rohit Kumar, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T