Rita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45660 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Rita Kumari Wife of Late Pradeep Chaudhary R/O Village- Majhauli Ward No.- 11, P.S.- Manjhaul, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 108 and 25 of the BNS.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that his brother was found hanging with the ceiling fan in the house of Md. Matim. It is further alleged that brother of the informant was a teacher at Rajapur School while his wife was posted as a teacher at Narayanipur. It is next alleged that his brother was having marital discord with his wife (petitioner), thus, alleges based on suspicion that his brother committed suicide on account of marital discord.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.45660 of 2025(4) dt.15-11-2025 2/3 petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that informant in the FIR does not even remotely suggest as to when the deceased was married with the petitioner. It is next submitted that a specific pleading has been made at para 6 of the anticipatory bail application that petitioner was married to the deceased on 10.04.2005, as such, the marriage was 20 years old and out of the wedlock two children were born who presently are aged about 14 and 16 years.
It is also submitted that had there been a marital discord as being alleged by the informant in the FIR in that event case either from the side of the deceased or the petitioner would have been instituted against each other but then that is not the case. It is further submitted that the informant also based on suspicion alleges that the marital discord may be a reason for the occurrence. It is asserted and submitted that there was no marital discord in between the petitioner and the deceased and they were leading a peaceful conjugal life for the last 20 years. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.45660 of 2025(4) dt.15-11-2025 3/3
6. Considering the submissions made by the learned counsel for the petitioner, let 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 Baliya P.S. Case No. 135 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. However, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Kundan/- U T