Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, Rubi Devi, subject to bond and surety conditions.
Summary
Rubi Devi, the mother of the alleged victim, applied for bail in a case registered under Sections 65(1), 352(2), 351(3), 61(2) of the B.N.S. and Section 6 of the POCSO Act, alleging she aided the co‑accused in a sexual assault. The petition argued that the FIR was lodged after a long delay, the victim’s statement was allegedly tutored, and the medical report showed no external injuries. During trial, the informant and the victim testified without supporting the case against Rubi Devi, and she has no prior criminal record. The State opposed bail, but the court considered the lack of incriminating evidence, the petitioner’s relationship to the victim, and her custody since February 2025. The court granted bail on a bond of Rs 10,000 with two sureties, subject to appearance conditions and possible cancellation for non‑appearance.
Issues considered
- Whether bail should be granted to Rubi Devi despite charges under the B.N.S. and POCSO Act.
- Whether the delay in filing the FIR and the lack of medical evidence justify bail.
- Whether the victim’s and informant’s trial testimonies, which do not support the charge, affect the bail decision.
Legislation cited
Subjects
- bail
- POCSO Act
- sexual assault
- mother of victim
- evidence
- criminal procedure
- delay in FIR
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65630 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- PALASI District- Araria
======================================================
Rubi Devi W/o Rajesh Kumar Sah R/o Village- Kodaili, Ward No. 5, P.S.-
Palasi, District- Araria ... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Kumar Sah S/o Shankhu Sah R/o Village- Kodaili, Hanuman Chowk,
Ward No. 5, P.S.- Palasi, Dist.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Naushaduzzoha
For the Opposite Party/s : Mr. Pronoti Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
7 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State. No one appears on
behalf of the opposite party no. 2 despite valid service of notice.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 65(1), 352(2), 351(3), 61(2)
of the B.N.S. and Section 6 of the POCSO Act.
3. Petitioner is alleged to have aided and facilitated
co-accused persons named in the FIR in commission of sexual
assault with the victim.
4. Learned counsel for the petitioner has submitted
that the petitioner is the mother of the victim and the FIR was
lodged after an inordinate delay, inasmuch as while the
occurrence is said to have taken place between 01.10.2024 to
30.11.2024 whereas the First Information Report was lodged
Patna High Court CR. MISC. No.65630 of 2025(7) dt.24-02-2026
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02.02.202 at the instance of the father of the victim as there was
some matrimonial discord going on between the parents of the
victim. It is further submitted that in the statement of victim
under Sections 180 and 183 of the B.N.S.S., she had been
tutored as a child witness to give statement implicating the
accused persons including the present petitioner. However, in
the medical examination report, no external injury was found on
her body or her private parts although 16 to 18 weeks of foetus
was found. It is further submitted that the trial of the case has
begun and the certified copy of the deposition has been supplied
which indicates that both the informant and the victim have
been examined as P.W. 1 and P.W. 2 and have both not
supported the case against the petitioner although they have not
been declared hostile by the prosecution as such, their evidence
becomes binding on the prosecution. Further, the petitioner is a
lady who is in custody since 06.02.2025 with no criminal
antecedent.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioner
happens to be the mother of the victim, further considering the
Patna High Court CR. MISC. No.65630 of 2025(7) dt.24-02-2026
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deposition of the informant and victim during trial, let the above
named petitioner, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Palasi
P.S. Case No. 41 of 2025, subject to the conditions that the
petitioner shall appear on each and every date till conclusion of
trial and if the petitioner does not appear on two consecutive
dates without any substantial and satisfactory reason, the
learned court below would be at liberty to cancel her bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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