Patna High Court
Saroja Devi @ Saroj DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
Saroja Devi was arrested in connection with a 2018 kidnapping and rape case (Sections 363 and 365 IPC) involving the minor daughter of an informant. She had been in custody since December 2024 and had previously been denied bail in September 2025. In the second bail application, her counsel argued that no witnesses had been examined and highlighted the long pre‑trial detention. The State opposed bail, citing the seriousness of the offences. The court, noting the extended period of custody, the delay in trial, and the petitioner’s status as a woman, allowed the bail application subject to a Rs.10,000 bond and two sureties, with conditions of regular appearance.
Issues considered
- What factors justify granting bail to an accused of kidnapping and rape under Sections 363 and 365 IPC?
- Does the prolonged pre‑trial detention and lack of witness examination warrant bail?
- Do the petitioner’s personal circumstances (gender, custody period) affect the bail decision?
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 363, 365
Subjects
- bail
- kidnapping
- rape
- pre‑trial detention
- delay in trial
- women's rights
- IPC
- CrPC
- Section 363
- Section 365
- Section 164
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25062 of 2026
Arising Out of PS. Case No.-173 Year-2018 Thana- SAHPUR District- Patna
======================================================
Saroja Devi @ Saroj Devi W/o Bhola Singh Resident of village- Shikarpur,
PS- Shahpur, Distt.- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ataul Haque, Adv.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with S.T. No. 1761 of 2025, arising out of
Shahpur P.S. Case No. 173 of 2018 registered for the offence
under Sections 363 & 365 of I.P.C.
3. Earlier, the bail application of the petitioner was
rejected by this Court on 01.09.2025 in Cr. Misc. No. 22679 of
2025 which reads as follows:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Shahpur P.S. Case No. 173 of
2018 registered for the offence punishable under
Sections 363 & 365 of the Indian Penal Code.
3. As per the prosecution case, the minor
daughter of the informant went missing from his
Patna High Court CR. MISC. No.25062 of 2026(2) dt.08-05-2026
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house on 06.06.2018.
4. Learned counsel for the petitioner
submits that the petitioner is innocent and has
committed no offence. The petitioner is in
custody since 20.12.2024.
5. Learned A.P.P. has vehemently
opposed the prayer for bail.
6. The F.I.R. is of year 2018. The
statement of the victim was recorded under
Section 164 of Cr.P.C., in which she has taken
the name of the petitioner. The statement was
recorded on 14.06.2018, thereafter, the
petitioner was absconding.
7. Considering the aforesaid facts and
circumstances and from the statement of the
victim, it appears that the petitioner has
participated in the kidnapping of the victim and
the allegation is of serious nature, I am not
inclined to grant bail to the petitioner.
8. Accordingly, this application for
regular bail is hereby rejected”
4. As per the prosecution case, the minor daughter of
the informant went missing from his house on 06.06.2018.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that though the petitioner is in custody since 20.12.2024 but no
witness has been examined in this case till date. He also submits
that in the connected trial of other persons, also no witness has
been examined.
6. Learned APP for the State opposed the prayer for
bail.
7. Considering the period of custody, delay in trial and
Patna High Court CR. MISC. No.25062 of 2026(2) dt.08-05-2026
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the fact that the petitioner is a woman, this application is
allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with S.T. No. 1761 of
2025, arising out of Shahpur P.S. Case No. 173 of 2018 subject
to condition that:-
(ii) The petitioner shall appear in the
trial regularly either personally or through his
lawyer and shall cooperate in the trial and non-
cooperation in the trial shall result in cancellation
of the bail bond of the petitioner.
(Sandeep Kumar, J)
sadique/-
U
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