Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60724 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- KHAIRA District- Saran ====================================================== Priyanka Kumari D/O- Lalan Rai Resident of Village- Bara Takiya P.SKhaira District-Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Khaira P.S. Case No. 45 of 2025 registered on 09.03.2025 for the offences under Sections 103(1), 238, 61(2) and 3(5) of the BNS.

3. As per prosecution case, three years old grandson of the informant went missing and later on his dead body was recovered. The informant named the petitioner and 4 other coaccused persons for being involved in killing of his grandson. The informant also alleged that earlier some altercation took place between the mother of the deceased and this petitioner and other co-accused persons over objectionable video/photographs of this petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.60724 of 2025(2) dt.09-09-2025 2/3 implicated in this case. If there was any dispute with the petitioner and other co-accused persons, no complaint was made to the police and even on the date of occurrence when the police reached on call after 112 was dialed, no such complaint was made. Learned counsel further submits that recovery of the dead body was made on 08.03.2025 and written report was given to the police for registration of FIR on 09.03.2025 at about 14:00 hours which also creates doubt over the prosecution case. Petitioner was arrested on 08.03.2025 and her confessional statement was recorded but the same was recorded under duress and coercion and her signatures were obtained on blank paper which was subsequently converted into confessional statement.

There is no eye-witness to the alleged occurrence and merely on suspicion, this petitioner has been made accused in this case. Allegation against the petitioner and others are completely vague, general and omnibus and chain of circumstance is missing to connect the petitioner with the offence as alleged. Petitioner is in custody since 10.03.2025 and chargesheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and doubtful nature of allegation against the petitioner and

Patna High Court CR. MISC. No.60724 of 2025(2) dt.09-09-2025 3/3 also considering the period of custody of the petitioner coupled with her clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned 3rd District & Additional Sessions Judge, Saran at Chapra/concerned court in connection with Khaira P.S. Case No. 45 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. 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.

(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) balmukund/- U T