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Patna High Court

Juli DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Juli Devi applied for regular bail in a case registered under Sections 137(2), 96 and 3(5) of the Bihar Narcotic Substances Act, alleging she facilitated the marriage of Aman Kumar with the victim girl. The petitioner contended that the allegations were false, that she has a clean antecedent, and that co‑accused persons in similar circumstances had already been granted bail. The learned counsel highlighted the lack of substantive evidence and the petitioner’s cooperation with the investigation. The Court examined whether the nature of the offences and the circumstances warranted denial of bail. Considering the petitioner's clean record, the alleged fabrication of charges, and the precedent of bail to co‑accused, the Court ordered her release on bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and the requirement to cooperate with the trial proceedings.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under Sections 137(2), 96 and 3(5) of the BNS.
  • Whether the allegations against the petitioner are false and fabricated, justifying bail.
  • Whether the bail of co‑accused persons in similar circumstances mandates similar relief for the petitioner.

Legislation cited

Subjects

  • regular bail
  • bail bond
  • false allegations
  • co‑accused
  • Bihar Narcotic Substances Act
  • Section 137(2)
  • Section 96
  • Section 3(5)
  • POCSO
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11031 of 2026
                        Arising Out of PS. Case No.-31 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Juli Devi W/o Ashok Mehta R/o vill- Mahammadpur, PS- Kadwa, Distt-
                 Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X W/o Y R/o Mahammadpur, P.S.- Kadwa, Distt.- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar Singh
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   16-02-2026                         Heard the learned counsel for the parties.

                                     2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 137(2),

                   96 and 3(5) of the BNS, registered in connection with Kadwa

                   P.S.Case No. 31 of 2025.

                                3.    As per allegation, the petitioner facilitated the

                   marriage of of Aman Kumar with the victim girl.

                                3. The learned counsel for the petitioner submitted

                   that the entire allegation is false and fabricated. Other co-

                   accused persons, identically placed, have been granted bail

                   either by a coordinate Bench or by this Court. The petitioner is a

                   lady bearing clean antecedents and is in custody since
           Patna High Court CR. MISC. No.11031 of 2026(2) dt.16-02-2026
                                                       2/2




                     29.09.2025.

                                  4. Considering the above facts and circumstances, let

                     the petitioner, above-named, 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 learned District and

                     Additional Sessions Judge-VII-cum-Special Judge, POCSO,

                     Katihar in in connection with Kadwa P.S.Case No. 31 of 2025,

                     subject to the condition that the petitioner shall cooperate in the

                     disposal of trial and make herself                   available as and when

                     required by the court.



                                          (Nawneet Kumar Pandey, J)
HR/-

U      T


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