Patna High Court
Rubi KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied as the court was not convinced that the petitioner’s circumstances justified such relief.
Summary
The petitioner, Rubi Kumari, sought anticipatory bail in a murder case (IPC §§302 & 34) where she is alleged to have participated in the killing of an informant’s wife. The prosecution’s FIR names her among four accused, and the post‑mortem report indicates death by strangulation. The petitioner’s counsel argued that she is innocent, has no criminal record, and is merely the informant’s sister‑in‑law, asserting that the allegations are based only on suspicion. The State opposed bail, emphasizing the seriousness of the offence and the forensic findings. The Court, after hearing both sides, found that the circumstances did not warrant anticipatory bail and therefore rejected the petition. The Court directed the petitioner to surrender within six weeks and instructed the trial court to consider any surrender‑cum‑bail application on its merits.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a murder case under IPC §§302 and 34.
Legislation cited
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- IPC 302
- IPC 34
- CrPC 438
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21889 of 2026
Arising Out of PS. Case No.-76 Year-2024 Thana- VAISHALI District- Vaishali
======================================================
Rubi Kumari Wife of Ratnesh Kumar R/O Village - Parmanandpur
(Mohiuddunpur), P.S.- Vaishali, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Vaishali P.S. Case No. 76 of 2024, dated 27.02.2024,
lodged under Sections 302 & 34 of the Indian Penal Code,
pending before the Court of C.J.M., Vaishali at Hajipur.
3. As per the prosecution, FIR has been lodged against
four named accused persons, including the present petitioner,
with the allegation that the petitioner, along with the other
named accused persons, killed the informant’s wife.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner is the Bhabhi of the
informant. Counsel also submits that the petitioner’s name has
Patna High Court CR. MISC. No.21889 of 2026(2) dt.08-04-2026
2/2
surfaced in this case merely on suspicion and the criminal
antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that it has been acknowledged
in the rejection order that the cause of death, as per the post-
mortem report, is asphyxia due to strangulation.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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