Patna High Court

Rinki DeviversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties, under Section 438(2) CrPC and Section 482(2) B.N.S.

Summary

Rinki Devi, a maid, was named in an FIR for alleged theft of a wrist‑watch and Rs 18,000 from her employer’s house. She contended that the accusation was false, arising from a salary dispute and her refusal of the employer’s brother’s sexual advances, and highlighted a 60‑day delay in filing the FIR and the non‑production of the alleged stolen items. The prosecution opposed bail, citing sections 306, 352 and 351(2) of the B.N.S. The court noted her clean antecedent, the lack of material evidence, and the delay, and consequently ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. The order was directed to be complied with within four weeks.

Issues considered

Whether bail should be granted to the accused given the allegations of theft under sections 306, 352 and 351(2) of the B.N.S.
Whether the delay in filing the FIR and the non‑production of the alleged stolen property justify bail
Whether the accused’s clean antecedent and the circumstances of false implication warrant bail

Legislation cited

B.N.S. — s. 306, 351(2), 352, 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
theft
false implication
delay in FIR
clean antecedent
Criminal Procedure Code
B.N.S.
sections 306
section 352
section 351(2)
section 438(2)
section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9021 of 2026
                     Arising Out of PS. Case No.-358 Year-2024 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Rinki Devi W/o Upendra Sahni Resident of Village- Bilashpur State, Ward
                 No. 18, Post- Ramnagar, P.S.- Ramnagar, Distt.- West Champaran, Bihar-
                 845106                                                   ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar, Adv
                                          :      Mr. Roushan Kumar, Adv
                 For the Opposite Party/s :      Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   09-02-2026                    Heard the parties.

                                2. The accused/petitioner is named in the FIR and

                   apprehending her arrest in connection with Bahadurpur (Patna)

                   P.S. Case No.358 of 2024 registered under Sections 306, 352,

                   351(2) of the B.N.S.

                                3. Allegation against the petitioner is to commit theft in

                   the house of informant and while committing so, she was caught

                   red-handed with one wrist watch and cash of Rs. 18,000/-.

                                4. It is submitted by learned counsel that the petitioner

                   was working as maid in the house of informant. It is pointed out

                   that petitioner has been falsely implicated with present case, when

                   she denied sexual advancement of brother of the informant. It is

                   further pointed out by learned counsel that when a dispute

                   surfaced qua previous salary, the present false implication was

                   raised. It is submitted that the FIR was lodged with delay of sixty
               Patna High Court CR. MISC. No.9021 of 2026(2) dt.09-02-2026
                                                           2/2




                         days, suggesting an afterthought event. It is also submitted that

                         alleged stolen watch and cash of Rs. 18,000/- with which

                         petitioner was apprehended by informant was not produced before

                         the police. The petitioner claimed to be a lady of clean antecedent.

                                      5. Learned APP opposed the prayer of bail.

                                      6. In view of aforesaid factual submissions and by

                         taking note of fact as the petitioner admittedly working in the

                         house of informant as maid servant, where stolen items prima

                         facie not appears produced before the police, coupled with the fact

                         that petitioner is a lady of clean antecedent accordingly, the

                         petitioner, above-named, in the event of her arrest or surrender in

                         the court below within a period of four weeks from today, is

                         directed to be released on bail on furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of the learned JMFC, Patna City in

                         connection with Bahadurpur (Patna) P.S. Case No.358 of 2024,

                         subject to the conditions as laid down under Section 438(2) of the

                         CrPC./under Section 482(2) of the BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-
U          T

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