Rukmina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37860 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Rukmina Devi S/o Santosh Ram Resident of Village- Maharani, P.S.- Pipra, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The case was taken up on 18.06.2025 when the case diary along with the postmortem report was called for by a learned Co-ordinate Bench, but the same till date has not been received, but then the Court will not wait endlessly for the case diary and the postmortem report.
3. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 140(1),
2/4 140(3) and 3(5) of the BNS, 2023.
4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that on 15.01.2025, her son received a call and went to the house of Lalita Devi wife of Ashok Ram, it is next alleged that her son was having an affair with Lalita Devi, it is further alleged that the accused persons including the petitioner in conspiracy disappeared her son, it is also alleged that some untoward occurrence may take place.
5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case based on suspicion. It is next submitted that petitioner is wife of Santosh Ram and is not related to Lalita Devi and Ashok Ram, as pleaded at Para-9 of the anticipatory bail application. It is also submitted that informant is not an eye witness to the occurrence. It is next submitted that Lalita Devi and Ashok Ram were taken in custody, but then they had moved before this Court seeking regular bail by filing Criminal Miscellaneous No. 42172 of 2025 and the same was allowed by a learned Coordinate Bench by an order dated 20.08.2025. It is also submitted that no doubt the dead boy of the son of the informant was later recovered, but then in that event a strong suspicion is
3/4 cast against Lalita Devi and Ashok Ram who have been granted the privilege of regular bail. It is thus submitted that no useful purpose would be served by sending the petitioner to jail who is also not named in the FIR by name but by description being wife of Santosh Ram. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove her innocence.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pipra P.S. Case No. 19 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.
8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite
4/4 giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
9. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T