Patna High Court
Rina Devi @ Reena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The petitioners were granted anticipatory bail subject to strict conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioners Rina Devi and Rajesh Rai sought anticipatory bail fearing arrest in a case (Piprahi P.S. Case No. 228 of 2025) alleging offences under Sections 137(2), 96 and 3(5) of the BNS, 2023. The prosecution alleged that co‑accused had abducted a minor, while the petitioners were only accused of verbal abuse. Their counsel highlighted that similarly situated co‑accused (Anil Ray, Shivdatt Yadav and Priyanka Devi) had been granted anticipatory bail in a coordinate bench order (Cr. Misc. No. 14083 of 2026). The State opposed the relief. The High Court, noting the precedent and the lesser nature of the allegation against the petitioners, granted anticipatory bail under Section 482(2) of the B.N.S.S., imposing a bail bond of Rs.10,000 with two sureties and specific conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the allegations of verbal abuse.
- Whether the precedent of granting anticipatory bail to similarly situated co‑accused mandates the same relief.
- Whether Section 482(2) of the B.N.S.S. can be invoked to grant anticipatory bail in this circumstance.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- verbal abuse
- minor abduction
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25252 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
1. Rina Devi @ Reena Devi W/O Vigan Rai @ Bigan Ray R/O Vill.- Dekuli
Dharmpur, P.s.- Piprahi, Dist.- Sheohar
2. Rajesh Rai @ Rajesh Kumar @ Rajesh Ray S/O Vigan Rai @ Bigan Ray
R/O Vill.- Dekuli Dharmpur, P.s.- Piprahi, Dist.- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhubala Verma
For the Opposite Party/s : Mr.Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Piprahi P.S. Case No. 228 of 2025 registered
for the offence punishable under Sections-137(2), 96, 3(5) of
BNS, 2023.
3. As per prosecution case, the co-accused Neetu
Kumari and Amrita Kumari took away the minor daughter of the
informant but she did not return. On query made to the co-
accused, it was said that she has returned to her house but the
minor daughter of the informant could not return. Later on, it
came to light that Nitish Kumar and Rajeev Ray have taken her
Patna High Court CR. MISC. No.25252 of 2026(2) dt.22-04-2026
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daughter away on a motorcycle.
4. Learned counsel for the petitioners has submitted
that the specific allegation of taking away the minor daughter of
the informant is against Nitish Kumar and Rajeev Ray, The
allegation against these petitioners is only of verbal abuse. It has
next been submitted that similarly situated accused persons
namely Anil Ray, Shivdatt Yadav @ Shivdatt Ray and Priyanka
Devi have been extended the benefit of anticipatory bail by a
coordinate bench of this court vide order dated 12-03-20256
passed in Cr. Misc. No. 14083 of 2026.
5. Dr. Indiwar Kumari, learned APP for the State
appears through virtual mode and opposes the prayer for grant
of anticipatory bail.
6. Considering the fact that on similar circumstances,
the co-accused persons have already been extended the benefit
of anticipatory bail, let the petitioners above named in the event
of their arrest or surrender before the court below within a
period of four weeks be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sub Divisional Judicial Magistrate, Sheohar in connection with
Piprahi P.S. Case No. 228 of 2025, subject to the condition as
Patna High Court CR. MISC. No.25252 of 2026(2) dt.22-04-2026
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laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be family
member/relative/known of the petitioners who shall provide
official document/personal affidavit to show his/hr bona fide;
(ii) The petitioners shall appear before the trial court
on each and every date fixed in the case and if, his failure to do
so on two consecutive dates without plausible reason, will entail
cancellation of their bail bonds by the Trial Court itself;
(iii) The petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which, the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) The petitioners shall desist from committing any
criminal offence again, failing which, the State shall be at
liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J)
A.K.V.//-
U T
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