Patna High Court
Rambha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
Rambha Kumari was charged with murder under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act in a case registered at Jehanabad Police Station. The prosecution alleged she was involved in the killing of her father‑in‑law, based mainly on statements of co‑accused Prince Kumar and Shyam Kishore Sharma. The petitioner’s counsel argued that she, being a woman, had no direct involvement and highlighted that two co‑accused had already been granted bail and that no witness had been examined. Considering the length of custody, the delay in trial, the bail granted to co‑accused, and the petitioner’s gender, the Court allowed the bail application. The Court ordered her release on bail of Rs.10,000 with two sureties, while clarifying that this order does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302/34 IPC and Section 27 Arms Act considering the seriousness of the offence, delay in trial, and bail granted to co‑accused.
- Whether the petitioner’s gender and lack of direct evidence against her warrant bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- gender
- co‑accused bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84217 of 2025
Arising Out of PS. Case No.-24 Year-2024 Thana- JEHANABAD RAIL P.S. District- Patna
======================================================
Rambha Kumari W/o Gulshan Kumar R/o Village - Dahi Bhatta, P.S -
Masaurhi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr.Rakesh Kumar Sharma, Advocate
Mr. Adarsh Prihar, Advocate
For the State : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard learned Senior Counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with G.R.P.
Jehanabad (Taregana) P.S. Case No. 24 of 2024 registered for
the offence punishable under Sections 302/34 of the Indian
Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
accused of getting her father-in-law killed.
4. Mr. Ramakant Sharma, learned Senior Counsel for
the petitioner has submitted that the petitioner is a lady and her
involvement has come on the statement of co-accused Prince
Kumar and Shyam Kishore Sharma but she is not involved in
the crime. He further submits that co-accused Shyam Kishore
Sharma has been granted bail vide order dated 08.04.2025
Patna High Court CR. MISC. No.84217 of 2025(3) dt.05-05-2026
2/2
passed in Cr. Misc. No. 1300 of 2025 and Prince Kumar has
been granted bail by a co-ordinate Bench of this Court vide
order dated 29.04.2025 passed in Cr. Misc. No. 27725 of 2025.
In the trial, no witness has been examined.
5. Considering the period of custody, the delay in trail
and the grant of bail to two co-accused as well as the fact that
the petitioner is the woman, this application is allowed.
6. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-XXVIIth, Patna/ concerned Court in
connection with G.R.P. Jehanabad (Taregana) P.S. Case No. 24
of 2024.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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