Khushbu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84455 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== Khushbu Devi Wife of Biranchi Kumar @ Biranchi Sah, Resident of VillageThuthi Mohanpur (Thana Tola), P.S.- Chautham, District- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Chautham P.S. Case No. 113 of 2025, dated 10.05.2025, registered for the offences punishable under Section 137(2) of the B.N.S., 2023, which was later converted into Sections 103(1), 238 and 61(2) read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, the three year old child of the informant went missing and later on his dead body was recovered from a maize field. The name of the petitioner along with the co-accused transpired during investigation for killing the said child.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.84455 of 2025(3) dt.11-02-2026 2/3 petitioner submits that petitioner has falsely been implicated in the present case. The petitioner is sister-in-law of the informant and the allegation is simply not believable. The police recorded the self-inculpatory confession of the petitioner and co-accused and it appears that the co-accused, who is also sister-in-law of this petitioner, named this petitioner and it appears that both the co-accused persons have been blaming each other for causing the death of child of the informant. The co-accused Sulekha Devi has been granted bail by a learned co-ordinate Bench of this Court vide order dated 17.09.2025 passed in Cr. Misc. No. 63630 of 2025 and the case of the petitioner stands on similar footing. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 13.05.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions 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 fact that petitioner is a lady and further considering her period of custody, clean antecedent and submission of chargesheet and also considering the grant of bail to a similarly placed co-

Patna High Court CR. MISC. No.84455 of 2025(3) dt.11-02-2026 3/3 accused by a learned co-ordinate Bench of this Court, 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 Judicial Magistrate 1st Class, Khagaria / concerned Court, in connection with Chautham P.S. Case No. 113 of 2025, subject to the condition laid down under 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, if so required by the learned trial Court.

(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) Shahnawaz/- U T