Created by Fuzzy Cloud

Patna High Court

Rinki Kumari @ Rinki Devi @ Pinki DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as there is no specific allegation of an overt act and she possesses a clean antecedent.

Summary

Petitioner Rinki Kumari was implicated in a 2015 FIR alleging assault and murder of a woman, with the prosecution alleging she instigated her husband Pappu Paswan to commit the crime. The petition sought bail, arguing she had no direct involvement, no specific allegation of an overt act, and a clean antecedent. The State opposed bail, contending the seriousness of the offences listed under the IPC. The Court noted that the co‑accused Pappu Paswan had already been released on bail, and that the petitioner's role was limited to alleged instigation without concrete evidence of participation. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and considering the petitioner’s clean record, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to the usual conditions.

Issues considered

  • Whether the petitioner, alleged only to have instigated the offence, is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the clean antecedent of the petitioner and the bail of the co‑accused affect the grant of bail.

Legislation cited

Subjects

  • bail
  • instigation
  • criminal procedure
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Indian Penal Code
  • clean antecedent
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76888 of 2025
                     Arising Out of PS. Case No.-384 Year-2015 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Rinki Kumari @ Rinki Devi @ Pinki Devi W/O Pappu Paswan Resident of
                 village- Murtiya, P.S- Adapur, District- East Champaran, Motihari.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   05-02-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections              341, 342, 323, 307,

                   328, 498 and 34 of the Indian Penal Code and later on, Section

                   302 of the Indian Penal Code was added.

                                3 . As per prosecution case , informant alleged that on

                   06.11.2015 at night, her husband, in a planned conspiracy with

                   all the other F.I.R. named accused persons, including this

                   petitioner, dragged her out of the house, assaulted her with knife

                   and threw her. During course of treatment, the informant died.

                                4. It is submitted on behalf of the petitioners that

                   petitioner is innocent and has committed no offence as alleged.
            Patna High Court CR. MISC. No.76888 of 2025(3) dt.05-02-2026
                                                        2/2




                      As per F.I.R. specific accusation is against co-accused Pappu

                      Paswan who is husband of the deceased. Petitioner is only

                      alleged to have instigated co-accused Pappu Paswan to assault

                      and there is no specific allegation of any overt act against this

                      petitioner. Moreover, co-accused Pappu Paswan has already

                      been granted bail by this Hon’ble Court vide order dated

                      14.11.2025 in Cr. Misc. No. 75684 of 2025 .

                                   5 . Learned counsel for the State opposed the bail

                      petition .

                                   6 Considering the aforesaid facts, clean antecedent of

                      the petitioner and other circumstances of the case , in the event

                      of arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged on bail on furnishing

                      bail bond of Rs.10,000/-(ten thousand) with two sureties of the

                      like amount each to the satisfaction of the learned       S.D.J.M.,

                      Sikarhana at Motihari, East Champaran in connection with

                      Ghorasahan P.S. Case No. 384 of 2015,                subject to the

                      conditions laid down under section 482(2) of the          Bharatiya

                      Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.