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Patna High Court

Fulo DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and conditions.

Summary

The petitioner, Fulo Devi, was arrested in connection with a kidnapping case (PS Case No. 47 of 2025) alleging conspiracy with her husband and others to abduct the informant's daughter. She sought regular bail for offences under Sections 137(2), 96 and 3(5) of the BNS. The petitioner’s counsel argued that the victim had not supported the prosecution under Section 183 of the BNSS, having eloped and married another person, and that the petitioner is an innocent lady detained since 30‑03‑2025. The court examined these facts and the victim’s statement, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and verification of the victim’s statement. The bail order was issued by Justice Nawneet Kumar Pandey.

Issues considered

  • Whether regular bail should be granted to the petitioner for offences under Sections 137(2), 96 and 3(5) of the BNS.
  • Whether the victim’s lack of support for the prosecution under Section 183 of the BNSS affects the grant of bail.

Legislation cited

  • BNS — s. 137(2), 3(5), 96
  • BNSS — s. 183

Subjects

  • regular bail
  • kidnapping
  • victim statement
  • Section 183
  • BNS
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52506 of 2025
                 Arising Out of PS. Case No.-47 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Fulo Devi W/o Dinesh Sahni R/o Village - Malpur, P.S -Dalsingsarai, District
                 -Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Bhushan Prasad
                 For the Opposite Party/s :      Mr.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   08-01-2026                          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

                   Dalsingsarai P.S.Case No. 47 of 2025.

                                3. As per allegation, the petitioner along with her

                   husband as well as other accused persons, under a conspiracy,

                   kidnapped the daughter of the informant with ulterior motive.

                                4. The learned counsel for the petitioner has submitted

                   that the victim did not support the prosecution case in her

                   statement under Section 183 of the BNSS. She has solemnized

                   the marriage with a boy with whom she eloped. The petitioner

                   is an innocent lady and is in custody since 30.03.2025.
           Patna High Court CR. MISC. No.52506 of 2025(5) dt.08-01-2026
                                                       2/2




                                  5. 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 Additional Chief

                     Judicial Magistrate 1st Dalsingsarai, Samastipur in connection

                     with Dalsingsarai P.S.Case No. 47 of 2025,             subject to the

                     following conditions:-

                                            (i).    The petitioner shall cooperate in the

                                            disposal of trial and make herself available as

                                            and when required by the court.

                                            (ii). The learned court below, before

                                            accepting the bail bond, shall examine the

                                            recitals of the statement of the victim

                                            under Section 183 of the BNSS.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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