Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39496 of 2026 Arising Out of PS. Case No.-82 Year-2025 Thana- Bhawanipur District- Bhagalpur ====================================================== Rekha Devi W/o Late Mukesh Poddar Resident of Village- Vijay Nagar, Post Office- Vijay Nagar, Police Station- Banka, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail registered for the offence punishable under Sections 108 and 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the petitioner has fled away with one Manoj Chaurasia due to some matrimonial dispute, and it is alleged that due to that stress, her husband has consumed poison.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the only allegation against the
Patna High Court CR. MISC. No.39496 of 2026(2) dt.22-06-2026 2/3 petitioner is that she fled away with one Manoj Chaurasia. The FIR does not allege that the petitioner administered poison to the deceased (her husband). He also submits that from perusal of the post-mortem report also, it will transpire that the doctor conducting the autopsy of the deceased has not found any antemortem injury on the person of the deceased, rather, all the viscera were preserved and regarding the cause of death, the opinion is reserved till the report of the viscera. He further submits that in the present case, police have submitted chargesheet under Section 108 of the BNS after investigation. Moreover, the petitioner is a lady having no criminal antecedent and she is languishing in judicial custody since 23.05.2025.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District & additional Sessions Judge-III, Naugachia, Bhagalpur
Patna High Court CR. MISC. No.39496 of 2026(2) dt.22-06-2026 3/3 in connection with Bhawanipur P.S. Case No. 82 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T