Dulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79594 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== 1.
Dulari Devi W/o- Chhotelal Mahato R/v- Senwariya W.No-11, Ps- Raxaul Dist- East Champaran 2.
Ravi Pratap Kumar @ Ravi Kumar S/o- Rajaram Mahato R/v- Senwariya W.No-11, Ps- Raxaul Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2025 Heard the parties.
2.The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Raxaul P.S. Case No. 442 of 2024 registered for the offences punishable under Sections 103, 238, 61(2), 126(2), 115(2), 64 and 3(5) of the BNS.
3. As per FIR, co-accused Rajpal Mahto committed rape and murder of the sister of informant while she was working in field, upon information he returned home and caught hold main coaccused Rajpal Mahto along with co-villagers, whereafter the family members of this petitioner and other co-villagers arrived there and took away the main co-accused Rajpal Mahto from their custody.
4. It is submitted by learned counsel appearing on behalf
Patna High Court CR. MISC. No.79594 of 2025(2) dt.19-11-2025 2/3 of the petitioners that petitioner no. 1 being mother of Rajpal Mahto and petitioner no. 2 being co-villager implicated with this case out of village politics facing general and omnibus allegation to take away main co-accused Rajpal Mahto from the custody of the informant and others after committing present crime in question. While concluding argument, it is submitted that petitioner no. 1 is a lady of clean antecedent and petitioner no 2 is a man of clean antecedent.
5 Learned APP while opposing the prayer of bail could not disputed aforesaid factual submission.
6. In view of aforesaid factual submission and by taking note of fact as prima-facie allegation against petitioners appears general and omnibus as petitioners being co-villager and mother helped to rescue main co-accused namely Rajpal Mahto from the custody of informant and others after alleged offence, accordingly both petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Raxaul, East Champaran/concerned Court, where the case is pending in connection with Raxaul P.S. Case No. 442 of 2024, subject to the
Patna High Court CR. MISC. No.79594 of 2025(2) dt.19-11-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T