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Patna High Court

Renu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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