Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79327 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- BANKA District- Banka ====================================================== Rubi Devi Wife of Nand Lal Mandal Resident Of Village- Maheshdih, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP For the Informant :

Mr. Arya Achint, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard Mr. Praveen Kumar, learned counsel for the petitioner, Mr. Arya Achint, learned counsel for the informant and Mrs. Renu Kumari, learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with S.T. Case No. 406 of 2024 arising out of Banka P.S. Case No. 213 of 2024 instituted for the offences under Sections 302, 201, 120B of the Indian Penal Code.

3. Accusation against the accused persons including the petitioner is of hatching a criminal conspiracy and,

Patna High Court CR. MISC. No.79327 of 2024(4) dt.31-01-2025 2/3 thereafter, committing murder of the informant's son as also burning the dead body.

4. Learned counsel for the petitioner submitted that the petitioner is an innocent lady and has committed no offence has falsely been implicated in the present case. Learned counsel further submitted that there is no eye-witness to the occurrence. Learned counsel further submitted that except the confessional statement of the petitioner before the police, there is no material against her and the confessional statement in itself has no evidentiary value in the eye of law. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.05.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further referring to paragraph no. 21 of the case diary submitted that petitioner has herself confessed her guilt and on that basis, the dead body of the deceased was also recovered, and therefore, learned APP prays that she may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case, confessional statement of the petitioner leading to the recovery of dead body, this Court is not inclined to grant bail

Patna High Court CR. MISC. No.79327 of 2024(4) dt.31-01-2025 3/3 to the petitioner. Accordingly, the prayer for grant of bail to the petitioner is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T