Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Petitioner Rubi Devi was implicated in a robbery case allegedly staged under the pretext of a marriage, with the FIR charging her under several sections of the Bharatiya Nyaya Sanhita. The prosecution’s case relied mainly on the confessional statement of co‑accused Kajal Devi, while the petitioner asserted she was not present at the scene, had no involvement, and possessed a clean antecedent. She filed an anticipatory bail application fearing arrest. The court, after hearing counsel for both sides, considered the nature of the accusation, the petitioner’s clean record, and the lack of direct evidence against her. It granted anticipatory bail, directing that if she is arrested within eight weeks she may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to Rubi Devi given the allegations under the Bharatiya Nyaya Sanhita and the nature of the evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 112, 309(4), 316(2), 317(2), 318(4), 3(5)
Subjects
- anticipatory bail
- criminal law
- false implication
- robbery
- marriage fraud
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91650 of 2025
Arising Out of PS. Case No.-196 Year-2025 Thana- GOPALPUR District- Bhagalpur
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Rubi Devi W/O Bijay Mehta @ Bijay Kumar Mehta R/O Village- Rajghat,
West Tola, Matihani, Mozam Patti, P.S- Barhara, Distt.- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Nath Pandey, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 316(2), 318(4), 309(4),
317(2), 112 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., on 25.06.2025 D.I.U. Team
Naugachia was informed by the Rajasthan Kota Police Control
Room that Raghubir Singh and Mahesh Kumar Sharma were
called by one Manish Kumar on the pretext of marriage and
when they arrived near the bank of river, they were robbed of
their mobile phones and money under the threat of arms. On the
basis of said information, police party proceeded for
investigation and took Munilal Thakur alias Manish Kumar into
custody who confessed his involvement in the incident. He
confessed that co-accused Dhananjay Sah had assured him that
Patna High Court CR. MISC. No.91650 of 2025(2) dt.10-02-2026
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he will arrange a girl for marriage and asked him (Manish
Kumar) to call the needy person with an amount of Rs. 1 lakh
and fifty thousand and thereafter, when the victim arrived at the
place of occurrence, the aforesaid incident took place.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. The petitioner has been made accused only on the basis of
confessional statement of co-accused Kajal Devi. On perusal of
the F.I.R. it is evident that the petitioner was not present at the
place of occurrence and she is no way concerned with the
alleged occurrence and she never took money from any one.
Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of her arrest/surrender before the court below within a period of
eight weeks from today, 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 Addition Chief Judicial
Magistrate 1st, Naugachhia in connection with Gopalpur P. S.
Patna High Court CR. MISC. No.91650 of 2025(2) dt.10-02-2026
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Case No. 196 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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