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Patna High Court

Rinki Devi @ Rinku DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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