Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20783 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.
Rekha Devi W/o Rakesh Ram Resident of village- Gopalpur Gopal, P.S.- Bochahan, Distt.- Muzaffarpur 2.
Rakesh Ram S/o Surendra Ram Resident of village- Gopalpur Gopal, P.S.- Bochahan, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar , Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 127 ( 2 ), 115 ( 2 ), 118(1) , 103 (1) , 352, 351 ( 2 ), 351 (3) AND 3 (5) of the BNSS.
3 . As per F.I.R., informant namely Nilam Devi alleged that on 23.08.2024 at about 9:00 PM, all the F.I.R. named accused persons including these petitioners armed with lathi, danda and iron rod came at house of informant and started abusing her and her husband. It is further alleged that all the
Patna High Court CR. MISC. No.20783 of 2025(3) dt.07-07-2025 2/3 accused persons assaulted husband of informant with fists and slaps and dragged him to the door of these petitioners and they confined her husband in the room and strangulated him to death .
4. It is submitted on behalf of the petitioners that both the parties are close agnates and there is partition dispute between them which is being adjudicated in partition suit No. 41 of 2019 before Sub Judge VIII, Muzaffarpur, East. As per F.I.R. all the 10 named accused persons including these petitions are alleged to have assaulted husband of informant by means of fists slap but according to Post Mortem report doctor has not found any external or internal injuries on the body of person of deceased. As a matter of fact, the husband of informant died in other circumstances but taking advantage of the situation , this false and concocted case has been lodged against these petitioners. Petitioners claim clean antecedent. 5 . Learned counsel for the State oppose the bail petition .
6 Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on
Patna High Court CR. MISC. No.20783 of 2025(3) dt.07-07-2025 3/3 furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 14th Additional Chief Judicial Magistrate Muzaffarpur (East ) in connection with Bochahan P.S. Case No. 200 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . (Prabhat Kumar Singh, J) Koushik/- U T