← Library
Patna High CourtCR. MISC./49759/2025allowed

Khusboo Devi @ Juhi Chawla v. The State Of Bihar

2025-12-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49759 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- PUSA District- Samastipur ====================================================== Khusboo Devi @ Juhi Chawla Wife of Upendra Kumar Sah Resident of Village - Vishunpur Bathua, Ward No.- 07, P.S.- Pusa, District - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137 (2), 96 and 142 of the BNS, 2023.

3. The case of the prosecution is that the petitioner has taken away two daughters of the informant and sent them to her maika for the purpose of illegal work.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that during the course of investigation both the victims were recovered and they have stated that they had left their house as

Patna High Court CR. MISC. No.49759 of 2025(4) dt.04-12-2025 2/3 they were scolded and assaulted by their parents. 5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that both Girls namely, Rajni and Sajni have given their statement under Sections 183 of the BNSS wherein they had stated that the petitioner had forcefully solemnized marriage one of them with Govind Paswan.

6. In reply, learned counsel for the petitioner has submitted that both the victims have also given their statement before the police under Section 180 of the BNSS as well. However, in their statements under Section 180 of the BNSS, they have not stated that the petitioner forcefully solemnized marriage rather they have stated that the petitioner had informed that a case has been filed, following which they returned from Delhi. It is further submitted that there is material contradiction on the point of alleged forceful solemnization of marriage with Govind Paswan, who has already been granted bail by a coordinate Bench of this Court vide order dated 08.09.2025 passed in Cr. Misc. No. 60492 of 2025. Moreover, the petitioner is a lady and is languishing in judicial custody since 17.05.2025.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on

Patna High Court CR. MISC. No.49759 of 2025(4) dt.04-12-2025 3/3 bail. The above named petitioner is directed to be released on bail in connection with Pusa P.S. Case No. 54 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Samastipur. (Ashok Kumar Pandey, J) Jagdish/- U T