Patna High Court
Rukmini Devi @ Rukminiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, Rukmini Devi and Laxmi Devi, were implicated in a criminal case (Daniyawan P.S. Case No. 220 of 2025) for alleged offences under Sections 306(2), 318(4) and 3(5) of the B.N.S., 2023, involving the alleged fraudulent acquisition of an informant's ornaments and failure to return money. They contended that the ornaments were given as a friendly loan and that the FIR was internally inconsistent, asserting their innocence and lack of prior criminal record. The State opposed the bail application, arguing the seriousness of the charges. The High Court examined the petition, noting the absence of any prior bail application and the petitioners' clean antecedent, and granted them bail on the condition of furnishing a Rs.10,000 bond with two sureties each, subject to Section 482(2) of the B.N.S.S., 2023 and further conditions regarding undisclosed antecedents. The order directed that bail could be cancelled if the petitioners were found to have concealed criminal history or provided false information in the bail petition.
Issues considered
- Whether bail should be granted to the petitioners in the pending criminal case.
- Whether the petitioners have any undisclosed criminal antecedents that would preclude bail.
- Whether the FIR is materially false and thus affects the bail consideration.
- Applicability of Section 482(2) of the B.N.S.S., 2023 in granting bail.
Legislation cited
- B.N.S. — s. 306(2), 318(4), 3(5), 482(2)
Subjects
- bail
- anticipatory bail
- criminal antecedents
- FIR inconsistency
- Section 482
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4396 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- DANIYAWAN District- Patna
======================================================
1. Rukmini Devi @ Rukminiya Devi Wife of Ashok Gope @ Ashok Gop
Resident of village - Pir Barhauna, P.S.- Daniyawan, District - Patna.
2. Laxmi Devi Wife of Upendra Gope Resident of village - Pir Barhauna, P.S.-
Daniyawan, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate
For the State : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Daniyawan P.S. Case No. 220 of 2025 dated 26.09.2025,
registered for the offences punishable under Sections 306(2),
318(4) and 3(5) of B.N.S., 2023.
3. As per allegation, the petitioners persuaded the
informant to part with her ornaments stating that they needed
money and after getting the ornaments from the informant, they
placed the ornaments to a shopkeeper and when the informant
demanded the money back, the same is not being paid by the
Patna High Court CR. MISC. No.4396 of 2026(2) dt.04-02-2026
2/3
petitioners.
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the falsity of the case is apparent
from the content of FIR itself. On the one hand, the informant is
saying that her ornaments were fraudulently obtained from her,
but in the later part of the FIR, she is saying that when she
demanded the money, the petitioners have not given the money
back. He further submits that as a matter of fact, the petitioners
have given some friendly loan to the informant and when they
demanded the loan back, she has filed the false criminal case.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
Patna High Court CR. MISC. No.4396 of 2026(2) dt.04-02-2026
3/3
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Concerned Court below, in connection
with Daniyawan P.S. Case No. 220 of 2025, subject to the
conditions as laid down under Section 482 (2) B.N.S.S., 2023
and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
U T
Checking your session…