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Patna High Court

Rukmini Devi @ Rukminiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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