Patna High Court
RINKI DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed.
Summary
Rinki Devi, the daughter‑in‑law of the informant, applied for anticipatory bail fearing arrest in PS‑212/2025 where she is accused of torturing and killing a pregnant woman. The prosecution alleges her involvement in the death, while she contends the deceased died of a heart attack and she has been falsely implicated. The informant opposed bail, asserting no prior case was filed and the body was cremated without family notice. The court, noting the seriousness of the case but also the petitioner’s young age and familial ties, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The bail order requires a bond of Rs.10,000 with two sureties and compliance with the lower court’s directives.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the BNSS in the present murder case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Section 482
- murder
- false implication
- pregnant woman
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90938 of 2025
Arising Out of PS. Case No.-212 Year-2025 Thana- PARASBIGHA District- Jehanabad
======================================================
RINKI DEVI W/O RAJAKUMAR YADAV, Daughter in Law of Avanti Devi,
D/O Lalbahadur Yadav R/O Vill.- (Sasural)- Lakhapur, P.S.- Parasbigha,
Dist.- Jahanabad
... ... Petitioner/s
Versus
THE STATE OF BIHAR bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Parasbigha P.S. Case No. 212 of 2025
registered for the offence under Sections 103(1), 238, 3(5) of the
BNS.
3. As per the prosecution case, the petitioner and
others are accused of torturing and killing the deceased who was
in a family way.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is the sister-in-law of the
deceased and the daughter-in-law of the informant and she has
falsely been implicated in this case.
5. Learned counsel for the petitioner further
submits that the deceased has suffered heart attack and because
of the same she died.
Patna High Court CR. MISC. No.90938 of 2025(2) dt.28-01-2026
2/2
6. Learned counsel for the informant has
vehemently opposed the prayer of the petitioner for grant of
anticipatory bail and has submitted that no UD case was
registered by the accused persons and they cremated the
deceased without any information to her family.
7. No doubt, this is a serious case in which the
deceased has died after three months of her marriage and the
role of the in-laws and other co-accused cannot be ruled out but
considering the fact that the petitioner is a young lady and she is
daughter-in-law of the informant, this application is allowed.
8. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released 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 Chief Judicial
Magistrate, Gayaji/concerned Court below in connection with
Parasbigha P.S. Case No. 212 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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