Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76389 of 2024 Arising Out of PS. Case No.-299 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Rekha Devi W/O Late Jitendra Kumar Resident of Village- Rustampur, Police Station Raghopur (Rustampur O.P.), District- Vaishali. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-12-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Petitioner seeks bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 299 of 2023 registered for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. She has no criminal antecedent as stated in paragraph '3' of the application.

3. The petitioner is named in the First Information Report and is in custody since 05.01.2024.

4. As per case of the prosecution, petitioner was the informant of this case, but during the course of investigation out of confessional statement of co-accused Rahul Kumar, she was made accused in this case and police submitted

Patna High Court CR. MISC. No.76389 of 2024(3) dt.13-12-2024 2/3 charge-sheet against her.

5. It is submitted by learned counsel appearing on behalf of the petitioner that save and except confessional statement of co-accused, nothing appears against the petitioner and out of oblique motive, co-accused, in his confessional statement, has taken her name. It is pointed out that even as per confession, petitioner was not appears present at the place of occurrence and due to previous differences out of telephonic conversation, she was named through confessional statement.

6. While concluding argument, it is submitted that petitioner has got no criminal antecedent and, moreover, investigation of this case is completed for which charge-sheet has already been submitted and, as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

8. Considering the facts and circumstances as mentioned above and by taking note of the fact as the name of petitioner surfaced due to suspicion arising out of

Patna High Court CR. MISC. No.76389 of 2024(3) dt.13-12-2024 3/3 confessional statement of co-accused Rahul Kumar, where nothing appears incriminating against the petitioner, who was initially informant of the case and she remains in custody since 05.01.2024, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - IX, Vaishali at Hajipur/ concerned court, in connection with Raghopur (Rustampur O.P.) P.S. Case No. 299 of 2023, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nyaya Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T