Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court ordered the release of the petitioner on bail, subject to a bond and conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Poonam Devi, was arrested in connection with a case involving alleged kidnapping, theft and rape under IPC sections 363, 366 and 376(2)(g). The victim, a 19‑year‑old girl, initially claimed she was eloped by Poonam Devi in the FIR, but later named a different person, Rinku Devi, in a statement recorded under Section 164 of the CrPC, creating a contradictory narrative. The defence highlighted the absence of any incriminating material in the medical examination and argued that the sole witness’s statements were unreliable, suggesting the allegations stemmed from a neighbourhood dispute. The investigation had been completed and a charge‑sheet filed, eliminating any risk of evidence tampering. Considering the contradictions, lack of medical proof, the petitioner’s clean antecedents and the completed investigation, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused despite allegations of kidnapping, theft and rape under IPC sections 363, 366 and 376(2)(g).
- Whether the contradictory statements of the victim recorded under Sections 161 and 164 of the CrPC and the lack of medical evidence create reasonable doubt justifying bail.
- Whether the completion of investigation and filing of a charge‑sheet preclude any risk of tampering, thereby supporting bail.
Legislation cited
- BNSS — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 363, 366, 376(2)(g)
- SC/ST Act
Subjects
- bail
- rape
- kidnapping
- theft
- contradictory statements
- medical evidence
- IPC
- CrPC
- BNSS
- SC/ST Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81454 of 2025
Arising Out of PS. Case No.-3 Year-2024 Thana- ALAMNAGAR District- Madhepura
======================================================
Poonam Devi W/o Navin Singh R/o Village - Pareal, P.S - Alamnagar,
(Ratwara), District - Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Seema Devi W/o Ashok Singh R/o Village - Pareal, P.S - Alamnagar,
(Ratwara), District - Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinesh Prasad Verma
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Alamnagar(Ratwara)P.S. Case No. 03 of 2024 registered
for the offence under Sections 363, 366, 376(2)(g) of the
I.P.C.
3. The petitioner is named in the F.I.R. and is in
custody since 26.04.2025.
4. As per FIR, the informant/ victim aged about
19 years was eloped by her neighbor namely, Poonam Devi,
wife of Navin Singh for Alamnagar, whereafter petitioner
alongwith others after changing her dress in salon brought
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victim to Bihariganj, where she was raped by unknown and
Navin Singh.
5. Learned counsel appearing on behalf of the
petitioner submitted that the entire case of prosecution is
based upon the statement of victim, who is the sole witness
of the occurrence. It is submitted that upon medical
examination no incriminating material surfaced/ recovered
which may suggest that rape/ penetrative sexual assault
was committed upon victim/ informant. It is pointed out
that while lodging FIR, the victim stated that she was
eloped by one Poonam Devi, but while recording her
statement under Section 164 of Cr.P.C. she named one
Rinku Devi. It is submitted that in view of contradictory
statement and particularly taking note of medical report of
victim entire occurrence appears prima-facie doubtful on
its face, where false implication were raised due to
neighborhood dispute and differences. While concluding the
argument, it is submitted that petitioner is a lady of clean
antecedent and moreover, investigation of this case is
completed, for which charge-sheet has been submitted, as
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such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of contradictory statement of victim recorded
under Section 161 and 164 of Cr.P.C. as discussed
aforesaid, coupled with fact as investigation of this case
already completed, where petitioner remains in custody
since 26.04.2025 , accordingly petitioner above named, is
directed to be released on bail in connection with Alamnagar
(Ratwara) P.S. Case No. 03 of 2024 on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Spl.
Judge, SC/ST Act, Madhepura /concerned court, subject to
the conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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