Patna High Court
Rani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 143(4)
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
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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
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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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