Patna High Court
Rinki Devi @ Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted to the petitioner as she faces no specific charge of an overt act and has clean antecedents.
Summary
The petitioner, Rinki Devi, sought anticipatory bail fearing arrest in a case where she was merely named in the FIR for a series of offences under the Indian Penal Code, including assault and causing death. The prosecution alleged that a group of accused, including the petitioner, assaulted an informant's family, resulting in the death of the informant's son. The petitioner contended she had no specific allegation of an overt act against her and maintained a clean record. The State opposed the bail, arguing the seriousness of the charges. The High Court, considering the lack of specific accusation against the petitioner and her clean antecedents, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the Code.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is only named in the FIR without specific allegations of an overt act.
- Whether the seriousness of the charges under the IPC precludes the grant of anticipatory bail.
- Whether Section 482(2) of the Code permits the High Court to enlarge bail in such circumstances.
Legislation cited
- Indian Penal Code — s. 103(2), 115(2), 126(2), 190, 191(2), 191(3), 329(3), 351(2), 352
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482(2)
- high court
- criminal procedure
- clean antecedents
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90544 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- RAMNAGAR District- West Champaran
======================================================
Rinki Devi @ Rinku Devi W/o Mangani Ram R/o Village - Parsoni, P.s. -
Bhairoganj, Distt. - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Milind Kumar Mishra, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 329(3), 126(2), 115(2), 103(2), 352 and 351(2) of
the B.N.S..
3. As per prosecution case, it is alleged that on
03.09.2024, all the F.I.R. named accused persons, including this
petitioner, variously armed, came and assaulted informant and
his family members. It is further alleged that co-accused Anup
Ram assaulted son of informant, namely Ajay Kumar, by means
of hickey stick due to which blood started oozing out of his
head, he fell down on the ground and became unconscious and
Patna High Court CR. MISC. No.90544 of 2025(2) dt.10-02-2026
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during treatment, died.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assaulting son of informant
is against co-accused Anup Ram. So far as this petitioner is
concerned, she is only named in the F.I.R. and no specific
accusation of overt act or assault has been alleged against this
petitioner. Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 Sub-Divisional Judicial
Magistrate, Bagaha, West Champaran in connection with
Patna High Court CR. MISC. No.90544 of 2025(2) dt.10-02-2026
3/3
Ramnagar P.S. Case No. 22 of 2025, subject to condition as laid
down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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