Patna High Court
Pinki Devi @ Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Pinki Devi, sought anticipatory bail fearing arrest in a criminal case (Sasaram Town P.S. Case No. 448 of 2025) involving offences under Sections 338, 336(3), 318(4), 303(2), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR arose from a marriage‑related monetary dispute where the informant from Uttar Pradesh had paid money for the marriage, most of which was later returned. The petitioner asserted she was innocent and that no specific allegation was made against her, while the State opposed the bail. The Court, noting the petitioner’s status as a woman and the nature of the alleged crime, decided to grant anticipatory bail. Accordingly, the Court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 336(3), 338, 340(2), 3(5), 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- women's rights
- marriage dispute
- criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66948 of 2025
Arising Out of PS. Case No.-448 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Pinki Devi @ Rubi Devi W/o Santosh Paswan @ Santosh Kumar Resident of
village - Takiya (Ward no.- 2), P.S - Sasaram (T), District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Sasaram Town P.S. Case No. 448 of 2025 registered for offences
under Sections 338, 336(3), 318(4), 303(2), 340(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that there is no specific allegation against the
petitioner.
4. Learned APP for the State has vehemently opposed
the prayer for bail.
5. I have considered the submissions of the parties and
have gone through the records of the case. From the reading of
Patna High Court CR. MISC. No.66948 of 2025(5) dt.26-02-2026
2/2
the FIR it appears that the informant who is from Uttar Pradesh
had come to Bihar and has paid money for his marriage and in
that transaction, there are some dispute. Most of the amount has
already been returned to the informant.
6. Considering the fact that the petitioner is a woman
and the nature of the crime, this application is 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
Sasaram (T) P.S. Case No. 448 of 2025 subject to the conditions
as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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