Patna High Court
Rina Devi @ Rina KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 308(3), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 438(2)
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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