Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted and dismissed the bail application.
Summary
The petitioner, Punam Devi, was charged under Section 363A of the Indian Penal Code for kidnapping a three‑year‑old boy, who was later recovered from her. The prosecution alleged that she had arranged the kidnapping and purchased the child from a co‑accused for Rs 50,000. The petitioner applied for regular bail, having been in custody since 18‑03‑2024, and claimed innocence. The High Court, recalling its earlier order denying bail, noted the seriousness of the offence and that the trial had already commenced. Consequently, the court found no merit in granting bail and dismissed the application, directing the police to ensure witness attendance in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a kidnapping case under Section 363A IPC considering the gravity of the offence and the fact that trial has commenced
Legislation cited
- Indian Penal Code — s. 363A
Subjects
- kidnapping
- regular bail
- IPC 363A
- gravity of offence
- trial commencement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32858 of 2025
Arising Out of PS. Case No.-45 Year-2023 Thana- BIHIA District- Bhojpur
======================================================
Punam Devi W/O - Sidhari Gond @ Shivdari Gond @ Shivdhari Gond R/o
vill - Jagdishpur, P.s. - Jagdishpur, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Bihia Police Station Case No.
45 of 2023 registered for the offence under Section 363A of the
Indian Penal Code. Earlier the bail application of the petitioner
was rejected vide order dated 25.09.2024 passed in Cr. Misc.
No. 53573 of 2024 which reads as under:-
Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in the
present case registered for the offense under
Sections 363A of the Indian Penal Code.
3. As per the prosecution case, a three
years old boy was kidnapped. The F.I.R. was
registered against unknown persons. Subsequently,
the child has been recovered from the petitioner.
Patna High Court CR. MISC. No.32858 of 2025(4) dt.10-02-2026
2/2
The petitioner had got the child kidnapped and
bought it from co-accused namely Puja Devi for
Rs. 50,000/-
4. Learned counsel for the petitioner
submits that petitioner is innocent and has not
committed any crime. The petitioner is in custody
since 18.03.2024.
5. Learned A.P.P. has vehemently
opposed the prayer.
6. Considering the allegations levelled
against the petitioner, I am not inclined to grant
bail to the petitioner. This application for regular
bail is accordingly rejected.
3. It has very fairly been submitted by the learned
counsel for the petitioner that the charges have been framed in
this case.
4. Considering the gravity of the offence and the fact
that the trial has started, this court finds no ground to review its
earlier order.
5. Accordingly, this application is dismissed.
6. The Superintendent of Police, Bhojpur at Ara is
directed to ensure the attendance of the witnesses in the trial.
(Sandeep Kumar, J)
Vikas/-
U
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