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Patna High Court

Poonam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.81454 of 2025(2) dt.09-02-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.81454 of 2025(2) dt.09-02-2026
                                                          3/3




                        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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