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Patna High Court

Rubi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                                          3/3




                        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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