Roushani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10313 of 2026 Arising Out of PS. Case No.-95 Year-2025 Thana- Sonki District- Darbhanga ====================================================== Roushani Devi Son of Lakshmi Choupal Resident of Village - Ahiyapur, P.S.- Bhalpatti, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand For the Opposite Party/s :
Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2026
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sonki Police Station Case No. 95 of 2025, dated 03.07.2025, disclosing offences under Sections 140(2)/143(4) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 02.07.2025, while the informant was sleeping with her son at about 01:0 PM, her husband took their son to doctor's clinic and returned after some time, but the informant's son was not with him and when she questioned her husband, informant's husband told that he has sold their son to a person having mobile no. 7261914651. When the informant called on the mobile
2/4 number, the said person demanded a sum of Rs. 2 Lakhs.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and she is not the holder of mobile no. 7261914651. He next submits that during course of investigation, the police apprehend the informant's husband Sone Lal Mahto and he confessed before police that he contacted the person, namely, Raj Kishore Rai, and told that he wanted to sell his son. Upon which he introduced informant's husband to one Lakshmi Choupal i.e. petitioner's husband. The police constituted a team in civil dress and went to Majhiama with fake money along with informant, where they found Lakshmi Choupal (petitioner's husband), Shiv Choupal, Rama Choupal, Vivek Paswan, Satto Choupal and Rajeev Choupal and the said persons told them to come Ahiyapur where child would be handed over.
The name of petitioner transpired during course of investigation only because she happens to be the wife of co-accused Lakshmi Choupal. The coaccused Lakshmi Choupal has been granted regular bail by subordinate court itself.
3/4 Bhartiya Nagrik Suraksha Sanhita, she has not disclosed the name of petitioner. The boy has been recovered by the police for which Bhalpatti Police Station Case No. 59 of 2025 has been registered, in which the petitioner has been granted regular bail. The other accused persons whose name came along with the petitioner's husband have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 3405 of 2026 and Cr. Misc. No. 3772 of 2026.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation against the petitioner and the fact that similarly situated co-accused persons, including petitioner's husband, have been granted anticipatory bail by a Coordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief
4/4 Judicial Magistrate IX, Darbhanga, in connection with Sonki Police Station Case No. 95 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) ashwani/- U T