Patna High Court
Rubi Devi @ Rubi KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that bail could not be granted to the petitioner.
Summary
Rubi Devi, the petitioner, was named in FIR No. 413 of 2025 for alleged offences under sections 80, 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating to the death of an informant's daughter. She contended that she is innocent, being the gotni of the deceased, living separately from her husband, and that the post‑mortem report indicated death by hanging, suggesting suicide. The prosecution argued that the petitioner had a quarrel with the victim and that the suicide was precipitated by a heated exchange, thus opposing bail. The court examined the evidence, including the post‑mortem findings and the statements of witnesses, and found that the circumstances did not warrant granting bail. Consequently, the court rejected the petitioner's bail application.
Issues considered
- Whether the petitioner is entitled to bail in the offences alleged under sections 80, 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the evidence of suicide and the post‑mortem report negate the prosecution's case for continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 80
Subjects
- bail
- homicide
- suicide
- post-mortem report
- Bharatiya Nyaya Sanhita
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42071 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Rubi Devi @ Rubi Kumari Wife of Meghnath Rai @ Meghnath Kumar
Resident of village - Majhar, Ps- Pakaridayal, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Pakridayal P.S. Case No. 413 of 2025 lodged on
05.09.2025 for the offences punishable under sections 80,
103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the present FIR has been
lodged with an allegation of killing the informant’s daughter.
4. It is submitted by learned counsel for the petitioner
that the petitioner is innocent and has committed no offence.
Patna High Court CR. MISC. No.42071 of 2026(2) dt.01-07-2026
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The antecedent of the petitioner is clean. Learned Counsel for
the petitioner further submits that the petitioner is the gotni of
the deceased. He further submits that in this case the husband of
the accused has not been made accused while accusation of
causing death by strangulation has been made. He further
submits that the petitioner was living separately with her
husband and she has nothing to do with the deceased family.
Learned counsel further submits that the post-mortem report has
come which suggests that the death has been caused due to
hanging. There was a ligature mark on the neck. Counsel further
submits that the learned Principal District and Sessions Judge
has acknowledged in his rejection order about paragraph 51 and
52 wherein the witnesses have disclosed that the victim has
committed suicide in anger due to some hot exchange of words.
5. On the other hand, Learned APP for the State
vehemently opposes the prayer for bail and submits that in the
FIR, it has been categorically alleged that the present petitioner
used to quarrel with the deceased. He further submits that the
cause of committing suicide has come in the case diary which
suggests that due to hot exchange of words between the
deceased and the petitioner, the victim committed suicide.
6. In this background, this Court is not inclined to
Patna High Court CR. MISC. No.42071 of 2026(2) dt.01-07-2026
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grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with Pakridayal P.S. Case No. 413
of 2025, pending before the learned Additional Chief Judicial
Magistrate, East Champaran, Motihari is hereby rejected.
(Dr. Anshuman, J)
Manshi/Ashwini
U T
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