Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30873 of 2025 Arising Out of PS. Case No.-213 Year-2024 Thana- BANKA District- Banka ====================================================== Rubi Devi Wife of Nand Lal Mandal Resident of village - Maheshadih, P.S.- Banka, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shilpi Keshri, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Banka P.S. Case No. 213 of 2024 instituted for the offence under Sections 302/201/120B of the Indian Penal Code. Earlier vide order dated 31-01-2025, passed in Cr. Misc. No. 79327 of 2024, regular bail of the petitioner was rejected.

3.

Learned counsel for the petitioner respectfully submits that a significant change in circumstance has arisen since the rejection of the earlier bail application. It is submitted that the petitioner was taken into custody on 20.05.2024 while she was pregnant, and subsequently, on 23.01.2025, she gave birth to a baby girl. In light of this development, it is urged that

Patna High Court CR. MISC. No.30873 of 2025(2) dt.13-05-2025 2/3 the petitioner is in urgent need of bail, as both her and her newborn child's health and well-being are at serious risk due to the conditions of incarceration. It is further contended that continued detention would amount to endangering two vulnerable lives. A photocopy of the petitioner's medical records has been annexed as Annexure-P/3 to the supplementary affidavit in support of this submission.

4.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 5.

Considering the aforesaid facts and circumstances of the case and specifically taking into account the new circumstance that has arisen, this Court is inclined to grant bail to the petitioner.

6.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banka P.S. Case No. 213 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.30873 of 2025(2) dt.13-05-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T