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Patna High Court

Rina Devi @ Reena DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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