Patna High Court
Musomat Rashmi Kumari @ Khushbu Devi @ Rashmi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
The petitioner, the wife of a deceased man, was implicated in a case alleging murder, conspiracy, and robbery under Sections 302, 201, 120B and 380 of the IPC. She sought anticipatory bail, claiming innocence and asserting that the allegations stemmed from a property dispute and that the investigation showed the deceased died from a fall, not assault. The prosecution opposed the bail, but the court noted the general and omnibus nature of the accusations, the relationship between the parties, the unexplained delay in filing the complaint, and the evidentiary material gathered during investigation. Considering these factors, the court granted anticipatory bail, subject to a bail bond and sureties. The order directs that if arrested within eight weeks, the petitioner be released on bail under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of offences under Sections 302, 201, 120B and 380 IPC.
- Whether the delay in filing the complaint and the nature of the allegations warrant denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 201, 302, 380
Subjects
- anticipatory bail
- murder
- conspiracy
- robbery
- IPC
- CrPC
- property dispute
- delay in filing
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67999 of 2025
Arising Out of PS. Case No.-360 Year-2023 Thana- GOVINDGANJ District- East
Champaran
======================================================
Musomat Rashmi Kumari @ Khushbu Devi @ Rashmi Devi Wife of Late
Ravi Shankar Ram Resident of village - Ijra, P.S.- Areraj, District - East
Champaran (Motihari)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Geeta Kumari, Advocate
For the State : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 302, 201,
120B and 380 of the Indian Penal Code.
3. As per prosecution case, informant believes that
this petitioner, along with co-accused persons, assaulted son of
the informant as a result of which, he died during course of
treatment.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is none else than wife of the
deceased and she has falsely been implicated in this case due to
Patna High Court CR. MISC. No.67999 of 2025(3) dt.13-01-2026
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property dispute. As per prosecution case, the alleged
occurrence took place on 23.02.2023 whereas the present
complaint case was filed on 06.05.2023 i.e. after inordinate
delay of more than two months and there is no plausible
explanation for the same which itself makes the entire
prosecution case doubtful. As a matter of fact, the deceased was
suffering from Occipital Headache Gath, a brain tumor disease
and his treatment was going on at Rachif Hospital, Gorakhpur
since 06.12.2018. It is further submitted that during course of
investigation, the statement of owner of the house in which the
deceased and this petitioner were residing was recorded and the
same is in Paragraph No. 39 of the case diary wherein he has
categorically stated that the deceased fell down and this
petitioner brought him to the hospital where, he died during
course of treatment. The house owner is eye witness of the
alleged occurrence.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, relationship
between the parties and materials that have surfaced during
Patna High Court CR. MISC. No.67999 of 2025(3) dt.13-01-2026
3/3
course of investigation, the prayer for grant of anticipatory bail
to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate In-
charge, East Champaran, Motihari in connection with
Govindganj (Areraj) P.S. Case No. 360 of 2023, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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