Sima Devi @ Sima Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72645 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- SURYAPURA District- Rohtas ====================================================== Sima Devi @ Sima Kumari W/O Pawan Choudhary R/o VillageKusumbhara, P.S.- Suryapura, Dist.- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Murari, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Suryapura P.S. Case No. 168/2025, registered for the offence under Sections 64, 3(5) of BNS.

3. The accused/petitioner is named in the F.I.R. and is in custody since 10.07.2025.

4. The allegation against the petitioner is to assist her husband to commit rape upon the informant while she was alone in her home on 18.05.2025 at about 4:00 PM. Informant is a married lady, aged about 20 years.

5. Learned counsel appearing on behalf of the petitioner submitted that the present occurrence took place in the background of neighbourhood disputes and differences. It is submitted that by any prudent imagination, it cannot be gathered that a wife can assist her husband to commit rape in her presence.

Patna High Court CR. MISC. No.72645 of 2025(2) dt.04-11-2025 2/2 While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a lady of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of nature of accusation as discussed aforesaid, coupled with the fact that investigation of this case is already completed, where petitioner being a lady of clean antecedent, remains in custody since 10.07.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Suryapura P.S. Case No. 168/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Bikramganj, Rohtas/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T