Patna High Court
Dukhni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Dukhni Devi, the mother of a co-accused, was arrested in connection with a kidnapping of a 12‑year‑old girl under Sections 96 and 3(5) of the Bihar Narcotic Substances Act, 2023. She filed a bail application, asserting that she has no prior criminal record and was implicated only because of her relationship to the co‑accused, with no direct evidence linking her to the offence. The prosecution opposed bail, but the court noted the lack of material evidence against her and her clean antecedent. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of her criminal antecedent and stipulated cancellation of bail if she fails to comply with the conditions.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 96 and 3(5) of the B.N.S., 2023 despite the seriousness of the kidnapping allegation.
- Whether mere familial relationship to a co‑accused suffices to justify continued detention.
- Whether the petitioner’s clean antecedent and lack of direct evidence warrant bail.
Legislation cited
- B.N.S., 2023 — s. 3(5), 96
Subjects
- bail
- kidnapping
- minor
- clean antecedent
- criminal antecedent
- Section 96 B.N.S. 2023
- Section 3(5) B.N.S. 2023
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16190 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- ROSHANGANJ District- Gaya
======================================================
Dukhni Devi Wife of Late Birendra Paswan @ Virendra Paswan Resident of
Village- Bhalluar, P.S.- Roshanganj, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shama Sinha, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Shama Sinha, learned counsel for the
petitioner and Mr. Ahmad Ali, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
04.11.2025, in connection with Roshanganj P.S. Case No. 102 of
2025, F.I.R. dated 09.07.2025 registered for the offences
punishable under Sections 96 and 3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that she along
with other co-accused person have kidnapped the minor
daughter of the informant aged about 12 years.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and she has been falsely
implicated in the present case. It appears from the F.I.R. that the
petitioner is not named in the F.I.R. and the name of the
petitioner has been transpired during investigation on the basis
Patna High Court CR. MISC. No.16190 of 2026(2) dt.12-03-2026
2/3
of suspicion only that she is mother of co-accused person,
namely, Ravi Kumar @ Rohit Kumar and except the aforesaid,
no other cogent material has come during investigation to
suggest the involvement of the petitioner in the present
occurrence. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 04.11.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and she
has been made accused merely on the ground that she is mother
of co-accused person, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1 st Class, Sherghati,
Gaya in connection with Roshanganj P.S. Case No. 102 of 2025,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.16190 of 2026(2) dt.12-03-2026
3/3
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed her
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.