Ragini Vishwakarma @ Nikku Devi @ Bikka Devi @ Ragini Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80681 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- DEEPNAGAR District- Nalanda ====================================================== Ragini Vishwakarma @ Nikku Devi @ Bikka Devi @ Ragini Kumari wife of Deepak Vishwakarma R/o Village -Dhaneshwar Ghat PS -Laheri, Bihar Sarif, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navneet Jha, Advocate For the State :

Mr.Satyendra Narayan Singh, APP For the Informant : Mr. Ranvijay Singh, Advocate Mr. R.K. Rajesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner as well as learned APP for the State and learned counsel appearing on behalf of the informant.

2. In the present case, the petitioner seeks bail in connection with Deepnagar P.S. Case No.113 of 2024, registered for the alleged offences under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the husband of the petitioner was shot at and during investigation it transpired that the petitioner along with co-accused was instrumental in making attempt on the life of the husband of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

2/4 case. The petitioner is the second wife of one Deepak Vishwakarma and there has been major age difference between the two and the family of the husband of the petitioner did not like the marriage. The husband of the petitioner was having rivalry with other persons and when his statement was recorded he also named other persons. Nothing incriminating has been recovered from the person or possession of this petitioner and she has been arraigned in this case merely on suspicion. The confession of the petitioner recorded by the police has no legal sanctity and there is no other material to show the involvement of the petitioner in the whole occurrence. Learned counsel further submits that the petitioner is having clean antecedent and she is in custody since 24.03.2024 and charge sheet has been submitted.

5. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that after the confessional statement of the petitioner was recorded, subsequently recovery of firearms was made from co-accused Shashank Kumar who fired upon the husband of the petitioner. It has also come to notice that the petitioner was in relationship with this co-accused and they

3/4 made attempt on the life of the husband of the petitioner under a conspiracy.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material against the petitioner and further considering the fact that the petitioner is a lady having clean antecedent and her period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda/concerned Court in connection with Deepnagar P.S. Case No. 113 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the

4/4 petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T