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Patna High Court

Rina DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail.

Summary

Rina Devi was arrested in connection with a case where she allegedly threw chilli powder on the informant's relatives, rendering them unconscious, after which co‑accused assaulted them with a farsa and iron rod. She faced charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner sought bail, contending that the only allegation against her was the sprinkling of chilli powder and that she is a woman with a single prior case. The State opposed the bail. After hearing both sides and considering the facts, the court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties, deeming the application justified. The bail application was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to bail in the case instituted under Sections 126(2), 115(2), 118(1), 109(1), 74, 303(2), 3512), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3994 of 2026
                      Arising Out of PS. Case No.-345 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Rina Devi, aged about 38 years, female, wife of Lalin Lal Dev, resident of
                 Village- Ujjaina, P.S.- Baheri, Dist.- Darbhanga.
                                                                          ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Virendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Baheri

                   PS Case No.345 of 2025 dated 21.08.2025, instituted for the

                   offence punishable under Sections 126(2), 115(2), 118(1),

                   109(1), 74, 303(2), 3512), 352, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. Specific allegation against the petitioner is that

                   when the nephew and brother of the informant went to the house

                   of this petitioner to inform them about a Panchayati relating to

                   an earlier incident, she threw chilli powder on them due to

                   which they became unconscious. Thereafter, co-accused, Ranjit

                   Lal Deo @ Bhikhari Lal Deo and Lelin Lal Deo assaulted them

                   with farsa and iron rod.
            Patna High Court CR. MISC. No.3994 of 2026(3) dt.24-02-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that

                      entire allegation is levelled against Ranjit Lal Deo @ Bhikhari

                      Lal Deo and Lelin Lal Deo that they assaulted Mithlesh Yadav

                      (deceased) with farsa and iron rod. Only allegation against the

                      petitioner is that when Mithilesh Yadav went to the house of

                      Sanjeet Lal Deo, wife of Lelin Lal Deo (petitioner) sprinkled

                      chilli powder upon the deceased. Further submission is that the

                      petitioner is a lady and is in custody since 22.08.2025 having

                      one criminal case against her.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioner be released on bail upon furnishing bail bonds of

                      Rs. 10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of the ACJM-VII, Darbhanga,, in Baheri

                      PS Case No.345 of 2025.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T


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