Patna High Court
Pinki Devi @ NehaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs. 10,000 bond with two sureties.
Summary
Pinki Devi (Neha), wife of Umesh Ram, was arrested in connection with Bhabua Police Station Case No. 768 of 2025 for offences under Sections 126(2), 115(2), 127, 318(4), 307, 351(2), 352 and 3(5) of the B.N.S., 2023. The prosecution alleges that she, along with co‑accused, facilitated a marriage and extracted cash from the informant, forcing him to pay Rs. 1.5 lakhs as marriage expenses. The petitioner contended that she merely participated in the marriage ceremony, did not cheat or take money, and has been in judicial custody since 14 October 2025. The State opposed bail, citing a prior criminal case against her. After hearing both sides, the Court found no substantive evidence of her personal involvement in the alleged financial extraction and, despite the prior antecedent, ordered that she be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023 and a prior criminal antecedent.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 127, 307, 318(4), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- marriage fraud
- B.N.S., 2023
- sections 126,115,127,318,307,351,352,3
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88989 of 2025
Arising Out of PS. Case No.-768 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Pinki Devi @ Neha Wife of Umesh Ram Resident of Village- Majhiaon, P.S.-
Bhagwanpur, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parwej Khan, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-01-2026 Heard Mr. Parwej Khan, learned counsel for the
petitioner and Mr. Md. Aslam Ansari, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Bhabua P.S. Case No. 768 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 127, 318(4),
307, 351(2), 352 & 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the co-
accused person has solemnized the marriage of the informant
with the petitioner and it is alleged that Arvind Pandey and
others have extracted cash from the informant, and he was also
forced to give Rs. 1.5 lakhs as the expenses of marriage.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.88989 of 2025(2) dt.22-01-2026
2/2
case. Learned counsel for the petitioner submits that from the
perusal of the FIR, it will transpire that the only role of the
petitioner is that her marriage was solemnized with the
informant. There is no allegation against the petitioner that she
has cheated the informant or has taken any single penny from
him. He further submits that the petitioner is a lady and she is
languishing in judicial custody since 14.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Kaimur at Bhabua in connection with
Bhabua P.S. Case No. 768 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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