Patna High Court
Ranjo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the frivolous and vague nature of the allegations and the possibility of false implication, bail should be granted under Section 482(2) of the B.N.S.S.
Summary
The Patna High Court considered the bail petition of Ranjo Devi, who was implicated in Mansi P.S. Case No.124 of 2025 for alleged offences under Sections 137(2), 96 and 303(2) read with Section 3(5) of the B.N.S., 2023. The prosecution alleged that co‑accused Shiv Chaudhary enticed the informant’s minor daughter and that the petitioner, along with others, pushed the informant and her husband away. The petitioner argued that the FIR was lodged after a four‑month delay, the victim’s statement recorded under Section 183 did not incriminate her, and the allegations were frivolous, indicating false implication. The court examined the delay, the lack of substantive evidence, and the possibility of false implication. Finding the allegations vague and not showing commission of a cognizable offence, the court exercised its inherent powers under Section 482(2) of the B.N.S.S. to grant bail, subject to a bond of Rs 10,000 with two sureties, one being a close relative, and the petitioner’s presence at trial dates.
Issues considered
- Whether the allegations against the petitioner constitute a cognizable offence warranting denial of bail
- Whether the delay in filing the FIR and the victim’s non‑supportive statement justify bail on grounds of false implication
- Whether the court can exercise inherent powers under Section 482(2) of the B.N.S.S. to release the petitioner on bail
Legislation cited
- B.N.S., 2023 — s. 137(2), 183, 303(2), 3(5), 482(2), 96
Subjects
- bail
- false implication
- criminal procedure
- B.N.S. 2023
- Section 482
- Section 183
- Section 137
- Section 96
- Section 303
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28953 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- MANSI District- Khagaria
======================================================
Ranjo Devi W/O Umesh Chaudhary, R/O Village- Rangania, P.S. Salkhua,
DIstt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending her arrest in connection with Mansi P.S. Case No.
124 of 2025, dated 01.06.2025, registered for the offences
punishable under Sections 137(2), 96 and 303(2) read with
Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, the minor daughter of
the informant was enticed away by the co-accused Shiv
Chaudhary. When the informant went to the house of the co-
accused to make complaint, petitioner and other co-accused
persons pushed the informant and her husband away.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The FIR has been lodged after a delay of almost four
Patna High Court CR. MISC. No.28953 of 2026(2) dt.05-05-2026
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months without any explanation. The allegation against the
petitioner and two other co-accused persons Manoj Chaudhary
and Putul Devi is that they drove the informant and her husband
out from their house and except for that, there is no allegation
against the petitioner. The FIR itself shows that the allegation is
frivolous. The victim girl has been recovered and her statement
was recorded under Section 183 of the B.N.S.S., 2023, wherein
she did not support the prosecution case and did not make any
allegation against the petitioner. The petitioner is having
antecedent of one case in which he is on bail.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
frivolous and vague nature of allegation against the petitioner
without showing commission of any cognizable offence and
further considering the possibility of false implication, let the
petitioner, above-named, in the event of her arrest or surrender
before the Court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Judicial
Patna High Court CR. MISC. No.28953 of 2026(2) dt.05-05-2026
3/3
Magistrate 1st Class, Khagaria, in connection with Mansi P.S.
Case No. 124 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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