Patna High Court
Fulo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
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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