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Patna High Court

Rina Devi @ Rina KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no specific assault allegation against her and noting her clean antecedent.

Summary

The petitioner, Rina Devi, was named in an FIR for alleged participation in a violent incident where a golden chain was snatched from an informant, with multiple offences under the Bhartiya Nyaya Sanhita, 2023 listed. She contended that she was not involved in the assault, only implicated as a family member and that the allegation of assault did not apply to her, emphasizing her clean antecedent. The State opposed her bail application. The High Court, noting the lack of specific assault allegations against her and her clean record, directed that she be released on bail upon surrendering within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order effectively granted bail to the petitioner.

Issues considered

  • Whether the petitioner is liable to the offences alleged in the FIR
  • Whether bail should be granted to the petitioner under the circumstances

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • clean antecedent
  • female accused
  • section 438 CrPC
  • section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37931 of 2026
                    Arising Out of PS. Case No.-85 Year-2026 Thana- SHAMBHUGANJ District- Banka
                 ======================================================
                 Rina Devi @ Rina Kumari, Wife of Mritunjay Kumar @ Mirtunjay Kumar,
                 Resident of Village-Kehnichak, P.S.- Shambhuganj, District- Banka (Bihar).

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-06-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending her arrest in connection with Shambhuganj

                   P.S. Case No.85 of 2026 registered under Sections 126(2),

                   115(2), 74, 303(2), 308(3), 109(1), 352, 351(2) read with

                   3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, the accused persons along with

                   petitioner were involved in assaulting the informant and

                   others causing head and bodily injuries, with intention to

                   cause their death. The petitioner specifically alleged to

                   snatch a golden chain from the neck of the informant during

                   the occurrence.
Patna High Court CR. MISC. No.37931 of 2026(2) dt.10-06-2026
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                       4.     It is submitted by learned counsel appearing

          for petitioner that the allegation of assault is not appearing

          against this petitioner, rather she was implicated being the

          family members of the main co-accused person, where

          implication appears raised against petitioner, which is

          ornamental in nature, as she snatched a golden chain from

          the neck of informant during the occurrence. The petitioner

          claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as allegation of assault is not available

          against petitioner, who is a lady of clean antecedent,

          accordingly, the petitioner, above-named, in the event of her

          arrest or surrender in the court below within a period of four

          weeks from today, is directed to be released on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction

          of the learned Chief Judicial Magistrate, Banka in connection

          with Shambhuganj P.S. Case No.85 of 2026, subject to the

          conditions as laid down under Section 438(2) of the Code of
           Patna High Court CR. MISC. No.37931 of 2026(2) dt.10-06-2026
                                                       3/3




                     Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of

                     the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                     ‘BNSS’).


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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