Khushabu Devi @ Khushbu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64663 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- MOHANPUR District- Jamui ====================================================== Khushabu Devi @ Khushbu Devi, D/o - Nepali Manjhi, R/o Village - Jinhara, P.S - Mohanpur, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-09-2025 Heard Mr. Satya Prakash Parasar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with Mohanpur P.S. Case No. 69 of 2025 dated 20.06.2025 registered for the offences punishable under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioner's counsel are that the petitioner is a young woman and has been languishing in jail since 25.07.2025 and as per the FIR, three persons, including the petitioner, are alleged to have first abused the victim (deceased), husband of the informant, and thereafter, assaulted him with lathi and ironrod, resulting in victim's unconsciousness and later, he died. But as per the postmortem examination report filed with this petition, on the body of the deceased, only a lacerated wound on the left hand and swelling on the occipital region of his skull were found and the said

Patna High Court CR. MISC. No.64663 of 2025(2) dt.17-09-2025 2/2 swelling on the vital part of the body of the deceased is not specifically attributed to the petitioner and she is not said to be the author of that swelling and further, the medical expert could not ascertain the cause of death of the deceased and preserved the parts of the vital organs of the deceased and sent them to the FSL department for ascertaining the cause of death.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Heard both the sides and perused the FIR, the postmortem report and the trial court's order. Though the petitioner is alleged to have participated in assaulting the deceased along with co-accused persons, however, considering the facts that the petitioner is a young woman and against her there is no specific allegation and as per the postmortem report, the cause of death of the deceased could not have been ascertained, in my opinion, a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Mohanpur P.S. Case No. 69 of 2025. (Shailendra Singh, J) annu/- U T