Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81454 of 2025 Arising Out of PS. Case No.-3 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Poonam Devi W/o Navin Singh R/o Village - Pareal, P.S - Alamnagar, (Ratwara), District - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Devi W/o Ashok Singh R/o Village - Pareal, P.S - Alamnagar, (Ratwara), District - Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-02-2026 Heard the parties.

2. The petitioner seeks bail in connection with Alamnagar(Ratwara)P.S. Case No. 03 of 2024 registered for the offence under Sections 363, 366, 376(2)(g) of the I.P.C.

3. The petitioner is named in the F.I.R. and is in custody since 26.04.2025.

4. As per FIR, the informant/ victim aged about 19 years was eloped by her neighbor namely, Poonam Devi, wife of Navin Singh for Alamnagar, whereafter petitioner alongwith others after changing her dress in salon brought

Patna High Court CR. MISC. No.81454 of 2025(2) dt.09-02-2026 2/3 victim to Bihariganj, where she was raped by unknown and Navin Singh.

5. Learned counsel appearing on behalf of the petitioner submitted that the entire case of prosecution is based upon the statement of victim, who is the sole witness of the occurrence. It is submitted that upon medical examination no incriminating material surfaced/ recovered which may suggest that rape/ penetrative sexual assault was committed upon victim/ informant. It is pointed out that while lodging FIR, the victim stated that she was eloped by one Poonam Devi, but while recording her statement under Section 164 of Cr.P.C. she named one Rinku Devi. It is submitted that in view of contradictory statement and particularly taking note of medical report of victim entire occurrence appears prima-facie doubtful on its face, where false implication were raised due to neighborhood dispute and differences. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as

Patna High Court CR. MISC. No.81454 of 2025(2) dt.09-02-2026 3/3 such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of contradictory statement of victim recorded under Section 161 and 164 of Cr.P.C. as discussed aforesaid, coupled with fact as investigation of this case already completed, where petitioner remains in custody since 26.04.2025 , accordingly petitioner above named, is directed to be released on bail in connection with Alamnagar (Ratwara) P.S. Case No. 03 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, SC/ST Act, Madhepura /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T