Rubi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60817 of 2025 Arising Out of PS. Case No.-47 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Rubi Devi W/O Santosh kumar Resident of Village- Khari Rahta Tola, Ward No.- 11, P.S-Murliganj, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Pooja Prasad, Advocate Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP For the Informant :
Mr. Sharda Nand Mishra, Advocate Ms. Isha Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-09-2025 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner, Ms. Isha Mishra, learned counsel appearing on behalf of the informant as well as Mr. Ramchandra Sahni, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Murliganj P.S. Case No. 47 of 2023, F.I.R. dated 04.02.2023 for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including this petitioner have killed the informant's sister-in-law.
4. Learned counsel for the petitioner submits that
2/4 petitioner is innocent and she has falsely been implicated in the present case. Although the petitioner is named in the F.I.R but it appears from the F.I.R that there is no specific allegation against this petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner and petitioner is sister-in-law of the deceased. He further submits that earlier the petitioner was also made accused in Murliganj P.S. Case No. 32 of 2023.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that although there is no specific allegation against the petitioner but the anticipatory bail application of the co-accused, namely, Santosh Kumar who happens to be the husband of the petitioner has been rejected vide order dated 20.06.2025 passed in Cr. Misc. No. 87850 of 2024. Vide order dated 20.06.2025 it was recorded that one of the witness, namely, Ravi Shankar Kumar has stated that the petitioner was not present in the home (at the place of occurrence).
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days
3/4 from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhepura in connection with Murliganj P.S. Case No. 47 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T