Girja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44753 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Raghuvanshnagar District- Purnia ====================================================== Girja Devi S/o Sri Manohar Mandal Resident of Vill- Mahikhand Navtolia, Ward no 3, P.S.- Raghubansh Nagar, Distt- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Devi W/o Sri Amit Mandal R/o Vill- Mahikhand Navtolia, Ward No. 3, P.S.- Raghubansh Nagar, Distt- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP For the Informant :

Mr. Anand Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Raghubansh Nagar P.S. Case No. 12 of 2025 instituted for the offences under Sections 70(2), 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/6 of the POCSO Act.

3. Prosecution case, in short, is that the accused persons raped and murdered the informant's minor daughter.

4. Learned counsel for the petitioner submitted that the petitioner is an innocent lady and has falsely been implicated in the present case merely on the ground of suspicion as the

Patna High Court CR. MISC. No.44753 of 2025(3) dt.17-09-2025 2/3 petitioner had given the threatening to the informant prior to the alleged occurrence. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that the allegation of rape is against co-accused Ajit Jha and Mithu Singh. No specific overt act is alleged against the petitioner. Learned counsel further submitted that the medical report does not support the prosecution story. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.04.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no cogent and direct material against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghubansh Nagar

Patna High Court CR. MISC. No.44753 of 2025(3) dt.17-09-2025 3/3 P.S. Case No. 12 of 2025, 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 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T