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Patna High Court

Rinku DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Petitioner Rinku Devi sought anticipatory bail fearing arrest in a case (PS No.81/2025) alleging offences under sections 126(2), 115(2), 118(1), 109 and 3(5) of the B.N.S. The prosecution alleged she held an informant while co‑accused assaulted him with a spade, causing grievous injuries. The petitioner argued that the specific allegation of an overt act pertained only to co‑accused Dinesh Kumar and Shatrughna Singh, who had already been granted regular and anticipatory bail, and that there was no direct case against her. The State opposed the bail. The Court, noting the lack of a specific charge against the petitioner and her clean antecedent, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences.
  • Whether the alleged overt act is specifically attributable to the co‑accused and not to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • bail bond
  • overt act
  • co‑accused
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3554 of 2026
                 Arising Out of PS. Case No.-81 Year-2025 Thana- NIMACHANDPURA District- Begusarai
                 ======================================================
                 Rinku Devi Son of Shatrughna Singh @ Shatrughan Kumar Singh @
                 Satravangha Singh @ Shatughn Singh R/o - Village and Post - Bandwar, P.S. -
                 Neema Chandpura, Distt. - Begusarai(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Madhav Kumar, Adv.
                 For the Opposite Party/s :      Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   28-01-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending her arrest in connection

                   with Neemachandpura P.S. Case No. 81 of 2025 dated

                   15.07.2025 registered for the offence punishable under Section/s

                   126(2), 115(2), 118(1), 109, 3(5) of the B.N.S.

                           3. As per the prosecution case, the accusation against the

                   petitioner is that she caught hold the Informant while the co-

                   accused assaulted him by means of spade on the head, causing

                   grievous injuries.

                           4. Learned counsel for the petitioner submits that the

                   specific allegation of overt act is against co-accused Dinesh

                   Kumar @ Sagun and Shatrughna Singh, who have been granted
Patna High Court CR. MISC. No.3554 of 2026(2) dt.28-01-2026
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          regular bail and anticipatory bail vide orders dated 13.10.2025

          and 17.12.2025 passed by a Co-ordinate Bench of this Court in

          Cr. Misc. No. 71356 of 2025 and Cr. Misc. No. 83358 of 2025

          respectively. It is next submitted that there is nothing specific

          against this petitioner but, for ulterior reason, the name of the

          petitioner has been dragged in this case, without there being any

          specific imputation against him. Lastly, it is submitted that the

          petitioner is a person of clean antecedent and is ready to abide

          by the terms and conditions imposed in this case, in case, the

          benefit of privilege of anticipatory bail is extended to him.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Regard being had to the submission made by the

          parties, taking into consideration the fact that the allegation of

          overt act being specific against the co-accused Dinesh Kumar @

          Sagun and, as also, Shatrughana Singh, who have already been

          granted regular bail and anticipatory bail respectively, this Court

          is inclined to grant privilege of anticipatory bail to the

          petitioner.

                  7. Accordingly, let the petitioner, above named, be

          released on anticipatory bail in the event of her arrest or

          surrender before the court below within a period of four weeks
              Patna High Court CR. MISC. No.3554 of 2026(2) dt.28-01-2026
                                                          3/3




                        from today on furnishing bail bond of Rs. 10,000/- (rupees ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned Judicial Magistrate, First Class,

                        Begusarai in connection with Neemachandpura P.S. Case No. 81

                        of 2025, subject to the condition as laid down under Section

                        482(2) of the B.N.S.S.



                                                                            (Ajit Kumar, J)
rishi/-

U         T


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