Buchchi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14631 of 2025 Arising Out of PS. Case No.-389 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Buchchi Devi W/o- Birendra Ram R/o - Kaithahi, P.S - Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offences under Sections 103(1) and 238 of B.N.S.
3. As per the FIR, the patrolling party recovered a dead body of a person lying in the bush. The informant took out the dead body from the canal and found cut injury marks on neck and stomach, subsequently in presence of two witnesses, a death inquest report was prepared and the dead body was sent to the Sadar Hospital, Madhubani for post-morterm.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and has falsely been implicated in this case due to suspicion. Learned counsel further submits that the petitioner is in no way concerned with
2/4 the alleged occurrence and had no concern with the co-accused namely Vidhya Nand Ram. Learned counsel next submits that even during the course of investigation there is no material apart from the fact that the petitioner was in touch with the other coaccused persons and there is nothing incriminating which was found against the petitioner. Learned counsel further submits that one co-accused namely Sulekha Kumari who happens to be the sister of the main accused Vidhya Nand Ram has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 13707/2025 and the case of the petitioner stands on better footing. It is lastly submitted that the petitioner has clean antecedent and is in custody since 16.10.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner's name has surfaced in the confessional statement of co-accused and she has been found to be involved in the conspiracy of the killing of the deceased- Sanjay Ram.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the petitioner happens to be a woman and one co-accused namely Sulekha Kumari who happens to be the sister of the main accused Vidhya Nand Ram
3/4 has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 13707/2025, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajnagar P.S. Case No. 389/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be her close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U T