Patna High Court
Pinki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 308(3), 308(4), 351(2), 352, 482(2)
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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