Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Renu Devi petitioned for bail fearing arrest in a case registered under Sections 87, 143, 98, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 5 and 6 of the Prevention of Immoral Trafficking Act. She argued that the FIR only raised suspicion and that the victim’s statement recorded under Sections 180 and 183 of the B.N.S.S. did not name or allege any wrongdoing by her. The State opposed the bail on the ground of the seriousness of the offences. The Court examined the lack of incriminating evidence against the petitioner and her clean antecedent, and held that bail could be granted subject to conditions. Accordingly, the Court ordered that she be released on bail upon furnishing a Rs.10,000 bond with two sureties, within eight weeks of arrest, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted when the FIR contains only suspicion and the victim’s statement does not implicate the petitioner.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 143, 180, 183, 3(5), 87, 98
- Prevention of Immoral Trafficking Act — s. 5, 6
Subjects
- bail
- suspicion
- criminal procedure
- Bhartiya Nyaya Sanhita
- Prevention of Immoral Trafficking Act
- Section 482
- victim statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83885 of 2025
Arising Out of PS. Case No.-187 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Renu Devi W/o Upendra Singh Resident of village - Mirzapur, Rampurwa,
P.S - Mehsi, District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sudish Sahani S/o Raghunath Sahani R/o Village - Madhu Chhapra, P.S -
Piprakothi, District - East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence under Sections 87, 143, 98, 3(5) of the
Bhartiya Nyaya Sanhita, 2023 and Sections 5, 6 of the
Prevention of Immoral Trafficking Act.
3. Learned counsel for the petitioner submits that
from perusal of F.I.R. itself, it appears that only suspicion has
been raised against this petitioner. During investigation, the
victim was recovered and her statement was recorded under
Sections 180 and 183 of B.N.S.S., in which, she has not levelled
any allegation against this petitioner. Even, she has not named
this petitioner in her statements. Petitioner is lady and claims
clean antecedent.
Patna High Court CR. MISC. No.83885 of 2025(2) dt.06-01-2026
2/2
4. Learned A.P.P. for the State has opposed the bail
petition.
5. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, 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 learned
Judicial Magistrate, Motihari, East Champaran in connection
with Piprakothi P.S. Case No. 187 of 2025, subject to condition
as laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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