Patna High Court
Guriya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Guriya Devi, sought bail in a kidnapping case registered under Section 137(2) of the Bharatiya Nyaya Sanhita. She had been in custody since September 23, 2025 and claimed a clean antecedent. The victim’s statement recorded under Section 180 of the BNSS indicated that she left her home voluntarily due to a family dispute and was staying with the petitioner. The court considered the victim’s statement and the petitioner’s gender and clean record, and consequently allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, without prejudice to the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 137(2) of the Bharatiya Nyaya Sanhita in view of the victim’s statement under Section 180 and the accused’s clean antecedent
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 180
Subjects
- bail
- kidnapping
- Section 137(2) BNSS
- Section 180 BNSS
- victim statement
- clean antecedent
- female accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26958 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Guriya Devi W/O Guddu Khalifa Resident of Village- Mirkalapur, P.S.-
Bakhri, Dist- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pramod Yadav S/O Lakhan Yadav R/O Chandanpatti, P.S- Sadar, Distt.-
Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the State : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Darbhanga Sadar P.S. Case No. 303 of 2025 registered for the
offence punishable under Section 137(2) of the Bharatiya Nyaya
Sanhita.
3. The petitioner and others are said to have
kidnapped the victim. The petitioner, who is a woman is in
custody since 23.09.2025 having clean antecedent.
4. Learned counsel for the petitioner submits that the
victim in her statement recorded under Section 180 of the BNSS
has said that she has left her house on her own due to dispute
Patna High Court CR. MISC. No.26958 of 2026(2) dt.22-04-2026
2/2
with her father. Subsequently, the victim girl has stayed in the
house of the petitioner.
5. Considering the statement of the victim girl
recorded under Section 180 of the BNSS and the fact that the
petitioner is a woman having clean antecedent, this application
is allowed.
6. 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
Special Judge (POCSO Act), Darbhanga/ concerned Court in
connection with Darbhanga Sadar P.S. Case No. 303 of 2025.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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