Rekha Devi @ Rakhi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51134 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- NADI P.S. District- Patna ====================================================== 1.
Rekha Devi @ Rakhi Devi W/o Sachitanand Rai R/o Village - Pakki Dargah, P.S. - Nadi, District - Patna.
2.
Ful Kanti Devi W/o Bachcha Babu Rai @ Bacha Babu Ray R/o Village - Pakki Dargah, P.S. - Nadi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyamal Prakash, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 325, 303(2), 352, 351(2) , 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has alleged that all the named accused persons including the petitioners with an intention to kill the informant and others, came variously armed with iron-rod, hockey, pistol etc. and started abusing them as one of the goat has died because of the conduct of the informant. It is further alleged that one Bachcha Babu Rai assaulted the informant with iron rod with intention to kill and when the ladies of the
Patna High Court CR. MISC. No.51134 of 2025(2) dt.11-08-2025 2/3 informant side intervened, they were also assaulted by all the accused persons.
4. Learned counsel for the petitioners submit that petitioners are innocent and have falsely been implicated in this case. He further submits that petitioners are ladies and they are agnates of the informant. It is further submitted that the petitioners have falsely been implicated with general and omnibus allegations and no specific overt act has been alleged against them. It has further been submitted that the specific allegation has been made upon one Sachitanand Rai and Bachcha Babu Rai. It has lastly been submitted that petitioners have clean antecedent.
5. The learned A.P.P. for the State has vehemently opposed the prayer for bail.
6. Considering the aforesaid submissions, the petitioners, above named, are directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Reverine (Nadi) P.S. Case No. 25 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:-
Patna High Court CR. MISC. No.51134 of 2025(2) dt.11-08-2025 3/3 (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) Siwani/- U T