Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31301 of 2026 Arising Out of PS. Case No.-131 Year-2025 Thana- BIHARIGANJ District- Madhepura ====================================================== Rekha Devi S/o Raj Kumar Gupta R/o Village - Bihariganj, Ward No.14, P.S - Bihariganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Sanjay Kumar Singh, Advocate Mrs. Bharti Kumari, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Bihariganj P.S. Case No. 131 of 2025 for the offence under sections 115(2), 118(1), 109(1), 126(2), 75(2), 308(3), 352, 351(2) and 3(5) of the BNS.

3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons came and upon protest, Raj Kumar Gupta gave iron rod blow on the head of the informant's husband and also outraged the modesty of the lady. Further, the allegation is that the other accused took away the gold as also the cash. This led to the FIR.

4. Learned counsel for the petitioner submits that a perusal of the FIR would show that main allegation is against

Patna High Court CR. MISC. No.31301 of 2026(2) dt.07-05-2026 2/3 Raj Kumar Gupta of giving iron rod blow on the head of the informant's husband.

5. Learned APP opposes the prayer.

6. Taking into account the submissions of the parties as also that main allegation is against Raj Kumar Gupta petitioner is a lady having no criminal antecedent, no direct allegation is against her, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 131 of 2025 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.31301 of 2026(2) dt.07-05-2026 3/3 dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T