Patna High Court

Rubi DeviversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail is to be granted as the petitioner has a clean antecedent and the case against her rests merely on suspicion without substantive evidence.

Summary

Rubi Devi petitioned the Patna High Court for bail after apprehending arrest in a case registered under sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The FIR, filed by Balram Kumar, alleged that the accused, including the petitioner, killed the informant's son over a suspected illicit relationship. The petitioner argued that she is innocent, has no eye‑witness testimony against her, and is implicated only on suspicion, emphasizing her clean antecedent. The State opposed the bail application. The Court, noting the lack of substantive material, the petitioner’s clean record, and the principle of liberty, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS. The bail order was conditioned on surrender within eight weeks.

Issues considered

Whether bail should be granted to the petitioner under sections 103(1) and 3(5) of the BNS in view of the allegations and the material on record.
Whether the petitioner’s apprehension of arrest and the absence of eye‑witness evidence justify the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 3(5), 482(2)

Subjects

bail
Bharatiya Nagarik Suraksha Sanhita
section 482
criminal procedure
suspicion
clean antecedent
FIR
murder
asphyxia

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86611 of 2025
                        Arising Out of PS. Case No.-75 Year-2025 Thana- HARPUR District- Munger
                 ======================================================
                 Rubi Devi S/o Sri Ajay Kumar Resident of Village- Dhauri, P.O.- Harpur,
                 P.S.- Harpur, Distt- Munger


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


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suman Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                                  ORAL ORDER


3   17-02-2026                            Heard learned counsel for the petitioner and

                   the State .

                                 2. Petitioner apprehends his arrest in a case

                   registered for the offence punishable under sections 103 (1)

                   and 3 (5) of BNS.

                                 3 . As per F.I.R. informant namely , Balram Kumar

                   alleged that all the accused persons including this petitioner

                   killed son of informant, on suspicion that deceased had illicit

                   relation with wife of one of the co-accused persons, namely ,

                   Sachin @ Bhujangi.
Patna High Court CR. MISC. No.86611 of 2025(3) dt.17-02-2026
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                       4. It is submitted on behalf of the petitioner that

          petitioner is innocent and has committed no offence as

          alleged.      From bare perusal of the F.I.R. it is apparent that

          informant is not an eye witness to the alleged occurrence .

          This petitioner was made accused in this case only on

          suspicion . Suspicion has been raised on the ground that prior

          to the alleged occurrence two named accused persons,

          allegedly threatened the son of informant to kill him. Save

          and except, suspicion , there is no other material against this

          petitioner to show her complicity in the alleged occurrence.

          Cause of death is asphyxia by strangulation. Petitioner is lady

          and claims clean antecedent.

                       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 CJM Muger in connection with Harpur P.S. Case No.

          75 of        2025 ,      subject to the conditions laid down under
            Patna High Court CR. MISC. No.86611 of 2025(3) dt.17-02-2026
                                                        3/3




                      section 482(2) of the           Bharatiya Nagarik Suraksha Sanhita ,

                      2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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