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Patna High Court

Rani DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Rani Devi was arrested on 1 November 2025 in connection with a case under Section 143(4) of the Bharatiya Nyay Sanhita, 2023, alleging that she, along with others, enticed and sold a child. She applied for bail, asserting a clean criminal record and claiming the allegations were fabricated. The prosecution opposed the bail. The court noted her clean antecedent and that a co‑accused, Manju Devi, had already been granted bail in a similar case. Considering these factors, the court ordered her release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate, First Class‑IV, Biharshariff, Nalanda.

Issues considered

  • Whether bail should be granted to the accused under Section 143(4) of the Bharatiya Nyay Sanhita, 2023, given a clean antecedent and precedent of bail to a co‑accused.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 143(4)
  • Bharatiya Nyay Sanhita
  • clean antecedent
  • co‑accused bail
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12224 of 2026
                    Arising Out of PS. Case No.-369 Year-2025 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
                 Rani Devi Wife of Wasa Chauhan @ Kargil Chauhan Resident of Village-
                 Mahmmadpur Beldariya, P.S.- Asthawan, District- Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Prasad, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                  Heard Mr. Sanjay Prasad, learned counsel for the

                   petitioner as well as Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.11.2025 in connection with Asthawan P.S. Case No. 369 of

                   2025, F.I.R. dated 31.10.2025 for the offences punishable under

                   Sections 143(4) of the Bharatiya Nyay Sanhita, 2023.

                               3.     According to prosecution case, the informant

                   alleged that the petitioner along with other accused persons

                   enticed her grand-daughter and sold her somewhere.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and she has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.12224 of 2026(2) dt.10-04-2026
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          petitioner has not committed any offences as alleged in the

          F.I.R. He next submits that for the same set of allegation co-

          accused, namely, Manju Devi has been granted the privilege of

          bail vide order dated 23.03.2026 in Cr. Misc. No. 6405 of 2026

          and police after investigation has submitted chargesheet.The

          petitioner is in custody since 01.11.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and similarly situated co-accused

          persons have been granted bail by this Court, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Judicial Magistrate, First

          Class-IV, Biharshariff, Nalanda in connection with Asthawan

          P.S. Case No. 369 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the
            Patna High Court CR. MISC. No.12224 of 2026(2) dt.10-04-2026
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                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed her

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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