Bibi Rukshar @ Bibi Ruksar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20949 of 2025 Arising Out of PS. Case No.-142 Year-2021 Thana- PALASI District- Araria ====================================================== Bibi Rukshar @ Bibi Ruksar, W/o Md. Sajjad Alam, Resident of Dighli, ward No. 03, P.S.- Palasi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritwik Thakur, Adv.
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2025 Heard Mr. Ritwik Thakur, learned counsel for the petitioner and Mr. Binod Kumar No. 3, learned APP for the State.
2. Petitioner seeks regular bail in connection with Palasi P.S. Case No. 142 of 2021 dated 27.07.2021 registered for the offence punishable under section 302 read with section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the FIR has been registered against 7 accused persons including the petitioner but the petitioner's specific role in the alleged crime has not been revealed and she has been made accused on account of being the daughter-in-law of the first wife of the deceased, who solemnized two marriages,
Patna High Court CR. MISC. No.20949 of 2025(2) dt.28-04-2025 2/3 one with Bibi Vidhiman and second with the informant. It is further submitted that the deceased's first wife, who is also accused in this matter, has been granted bail by the then coordinate Bench of this Court vide order dated 24.02.2023 passed in Cr. Misc. No. 64864/2022. It is further submitted that as per the FIR, all the accused persons allegedly assaulted the deceased and strangulated him to death but the cause of death of the deceased has been opined by the Doctor concerned due to throttling and it is not the case of the prosecution that on the body of the deceased several injuries were found. It is lastly submitted that the petitioner is a lady, having fair and clean antecedent and has been languishing in jail since 21.01.2025.
4. Learned APP for the State has opposed the prayer of the petitioner.
5. In the facts and circumstances of this case and considering the aforesaid submission mainly the facts that in the FIR, there is no specific allegation against the petitioner and she is said to be the daughter-in-law of the first wife of the deceased and one co-accused, namely, Bibi Vidhiman carrying similar nature of allegation has been granted bail by the then coordinate Bench of this Court, in my opinion, in the said circumstances, the petitioner deserves to the relief of bail.
Patna High Court CR. MISC. No.20949 of 2025(2) dt.28-04-2025 3/3 Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Palasi P.S. Case No. 142 of 2021.
(Shailendra Singh, J) annu/- U T