Patna High Court
Rinki Kumari @ Rinki Devi @ Pinki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 302, 307, 323, 328, 34, 341, 342, 498
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
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