Khushabu Kumari @ Muskan @ Khushabu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90667 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- AMNAUR District- Saran ====================================================== Khushabu Kumari @ Muskan @ Khushabu Singh W/O Ajit Singh R/O Village- Kaituka lachchhi, P.S.- Amanour, District- Saran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh, Advocate Mr.Rajeev Ranjan, Advocate For the Informant :
Mr. Aashish Kumar, Advocate Mr.Avinash Kr. Pandey, Advocate For the State :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-02-2026 Heard Mrs. Bela Singh, learned counsel appearing on behalf of the petitioner and Mr. Aashish Kumar, learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Amnour P.S. Case No. 22 of 2025 registered for the offences under Sections 331(6), 103(1), 61(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The accused/petitioner is not named in the First Information Report and is in custody since 07.02.2025.
4. As per FIR, all the named co-accused persons alongwith 3-4 unknown persons on 30.01.2025 at about 6:00 P.M. committed murder of son of the informant while he was sleeping on the roof of his house.
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5. Mrs. Bela Singh, learned counsel appearing on behalf of the petitioner submitted that informant claimed to be an eye witness of the occurrence. It is submitted that coaccused Nitesh Kumar Singh and Ritesh Kumar, both sons of Jamadar Singh, Rohit Kumar, Ankit Kumar and Raja Kumar have committed murder of son of the informant as per FIR and when informant went over the roof, they left the place of occurrence immediately on his arrival.
6. Mrs. Singh further submitted that in view of statement of the informant, it can be safely arrived to conclusion that nonetheless 6-7 accused persons were involved in committing the murder of son of the informant. It is submitted that as this petitioner was in talking terms with one Nitesh Kumar, son of Mishrilal Singh, prior to her marriage with the elder brother of the deceased for which one police case i.e. Goraul Katahra P.S. Case No. 384 of 2019 was lodged by the father of petitioner, merely on the basis of suspicion that as said Nitesh Kumar was also found roaming around the village and his call details report suggests that he was also talking on the same very day with this petitioner, she was implicated with the present case.
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7. It is pointed out by Mrs. Singh that reason for the occurrence is categorically mentioned in the FIR itself, which is outraging the modesty of younger sister of the deceased, therefore, the submission, as advanced by learned counsel for the petitioner that occurrence took place due to extramarital affairs with this petitioner, completely unfounded.
8. While concluding argument, Mrs. Singh submitted that petitioner is a lady of clean antecedent and, moreover, investigation of this case is already concluded, for which chargesheet has been submitted and as such, there is no chance of tampering with the evidence.
9. Learned A.P.P. for the State duly assisted by learned counsel for the informant, while opposing the prayer for bail of the petitioner, submitted that the blood-stained jacket was recovered from the room of this petitioner.
10. Taking contrary note of the aforesaid submission, it is pointed out by Mrs. Singh, learned counsel for the petitioner, that petitioner is the family member and, therefore, finding of jacket of the deceased in the room of the petitioner is normal event and for the said recovery, implication of the petitioner with the present crime in question is not appears
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11. In view of aforesaid factual submission and by taking note of the fact as merely on the basis of suspicion as the petitioner was in talking terms/extramarital affairs with one Nitesh Kumar, son of Mishrilal Singh, who was found roaming in the area on the date of occurrence, coupled with the fact that petitioner is a lady of clean antecedent, who remains in custody since 07.02.2025, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond 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, Saran at Chapra/concerned court, in connection with Amnour P.S. Case No. 22 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T