Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner.
Summary
Renu Devi, aged about 35, was arrested in connection with an alleged abduction of the informant’s son and charged under Sections 137(2), 140(1) and 3(5) of the BNS. She contended that she was falsely implicated due to village politics, that there were no eyewitnesses, and that the FIR was lodged five days after the alleged incident without any explanation. The State opposed her bail application. The Court noted the delay in filing the FIR, the absence of any material witness, and her clean antecedent, and consequently ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether the delay of five days in lodging the FIR warrants bail.
- Whether the absence of eyewitnesses and reliance on suspicion justify denial of bail.
- Whether the petitioner’s clean antecedent and the nature of the offences merit bail.
Legislation cited
- BNS — s. 137(2), 140(1), 3(5)
Subjects
- bail
- abduction
- false implication
- delay in FIR
- clean antecedent
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74723 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- SHRI NAGAR District- Madhepura
======================================================
Renu Devi, aged about 35 years, wife of Dayanand Sharma, Resident of
Village- Baghwa, Ward No 3, Police Station -Srinagar, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bambahadur Jha, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the State and perused the case diary.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 137(2), 140(1) and 3(5)of
the BNS.
3. As per allegation in the FIR, it is a case of
abduction of the son of the informant, namely, Prabhash Kumar
by the co-accused persons.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to dirty
village politics and there is no single eye witness as alleged in
the FIR. He next submits that he has been implicated only on
the basis of suspicion and she has been made accused in this
Patna High Court CR. MISC. No.74723 of 2025(3) dt.21-01-2026
2/2
case and petitioner is a lady and without any rhyme and reason,
she has been arrested by the police. He next submits that the
alleged FIR was lodged after five days of the alleged
occurrence. She has got clean antecedent and she is in custody
since 06.07.2025
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid facts as also the fact that
the FIR is lodged after delay of five days of the alleged
occurrence without any plausible explanation and also the fact
that petitioner has got clean antecedent as stated in para-3 of the
bail petition, so let the above named petitioner be released on
bail on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of Sri
Subodh Kumar, Judicial Magistrate, Ist Class,
Madhepura/concerned Court in connection with Srinagar P.S.
Case No. 49 of 2025.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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