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Patna High Court

Pinki DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting Pinki Devi relief subject to bond and surety conditions.

Summary

Pinki Devi, the wife of an accused in a criminal case (Simultala P.S. Case No. 86 of 2024), applied for anticipatory bail fearing arrest under several offences of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused demanded extortion and assaulted an informant, but there was no direct allegation against Pinki Devi herself. Her counsel argued that she was innocent and that her husband’s statement indicated she was merely a passenger in the vehicle. The court noted that, being a woman and lacking any specific charge of extortion against her, she was eligible for anticipatory bail. Accordingly, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, emphasizing that the order was prima facie and not a comment on the merits of the case.

Issues considered

  • Whether anticipatory bail can be granted to Pinki Devi despite the pending criminal case against her husband.
  • Whether the absence of a direct allegation against the petitioner justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • extortion
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 482
  • women's rights

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38607 of 2026
                      Arising Out of PS. Case No.-86 Year-2024 Thana- SIMULTALLA District- Jamui
                 ======================================================
                 Pinki Devi W/O Rajesh Yadav R/O Village- Fatehpur, PO- Mohanpur, PS-
                 Simultala, Distt-Jamui(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar
                 For the Opposite Party/s :       Mr. Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Simultala P.S. Case No. 86 of 2024 registered for offences under

                   Sections 126(2), 115(2), 308(3), 308(4), 352, 351(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the accused persons are

                   said to have demanded extortion from the informant and

                   assaulted him.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner is the wife of Rajesh

                   Yadav, the named accused, who has given a self-inculpatory

                   statement stating that his wife was sitting in the vehicle.

                                5. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.38607 of 2026(2) dt.17-06-2026
                                                        2/2




                      the prayer for bail.

                                   6. Considering the fact that the petitioner is a woman

                      and there is no direct allegation against her of demanding

                      extortion, the application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Simultala P.S. Case No. 86 of 2024 subject to the conditions as

                      laid down under Section 482(2) of the BNSS.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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