Afrida Khatoon @ Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89376 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== Afrida Khatoon @ Sunita Devi W/o Ashgar Ali @ Suresh Kumar @ Suresh Parit @ Suresh Pandit Resident of Village - Siswaniya, P.S - Banjariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore Alias Kundan Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per F.I.R., informant's brother Suresh Kumar, who was working in a Mobile Tower Company situated at Pakaridayal, solemnized marriage with Afrida Khatoon (petitioner herein) and both of them were living together in a rented house at Pakaridayal. It is further alleged that after some time of marriage, they started quarreling with each other whereafter the informant went there and came to know that the wife of informant's brother had illicit relation with co-accused Manish Kumar and thereafter, the informant shifted his brother

Patna High Court CR. MISC. No.89376 of 2025(2) dt.12-02-2026 2/3 and his wife to another place, but on 20.03.2025 at about 9:00 AM, the informant got an information that his brother has been killed. The informant believes that all the accused persons named in the FLR. committed murder of his brother.

4. Learned counsel for the petitioner submits that informant is not eye-witness to the occurrence. Petitioner is wife of the deceased and only on suspicion, she has been made accused in this case. There is no cogent material against this petitioner to show her complicity in the alleged incident. As a matter of fact, informant, who is brother of deceased in order to grab the entire ancestral property and to deprive this petitioner from having any share, falsely implicated this petitioner. Coaccused Ankit Dubey has already been granted bail by this Court, vide order dated 12.11.2025 passed in Cr.Misc. No. 71509 of 2025. Petitioner is lady, claims clean antecedent and is in custody since 22.03.2025. Chargesheet has been submitted.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Considering the period of custody and the fact that petitioner is lady, claims clean antecedent, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.89376 of 2025(2) dt.12-02-2026 3/3 each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Garahiya Bazar/Gadhiya Bazar P.S. Case No. 51 of 2025.

(Prabhat Kumar Singh, J) anay U T