Patna High Court
Muni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to both petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Kaushalya Devi and Muni Devi, were arrested on charges of kidnapping a five‑year‑old boy, the son of an informant, under a case registered as Rampur P.S. Case No. 204 of 2025. The prosecution alleged that the child was abducted, but the child was later recovered from the house of Rupa Devi, who is related to Kaushalya Devi, leading the petitioners to claim they were falsely implicated. Both petitioners had been in custody for about eight months and a chargesheet had been filed. They applied for regular bail under section 97 of the Bharatiya Nyaya Sanhita, 2023. After considering the facts, the court found no substantive reason to continue detention and ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail under section 97 of the Bharatiya Nyaya Sanhita, 2023 in the kidnapping case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 97
Subjects
- kidnapping
- regular bail
- Bharatiya Nyaya Sanhita
- section 97
- false implication
- minor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74405 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Kaushalya Devi W/o Rajendra Chaudhary Resident of village - Rewda P.S.-
Barachatti, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56143 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Muni Devi D/O Leela Yadav @ Lila Yadav , W/O Late Ajay Yadav Resident
of Mohalla- Godawari, Bhairavsthan, P.S.- Rampur, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74405 of 2025)
For the Petitioner/s : Mr. Satyaveer Jha, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
(In CRIMINAL MISCELLANEOUS No. 56143 of 2025)
For the Petitioner/s : Mr. Ashutosh Singh, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Rampur P.S. Case
no.204 of 2025 registered under section 97 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the allegation against
Patna High Court CR. MISC. No.74405 of 2025(3) dt.21-01-2026
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the petitioners is of kidnapping the 5 year old son of the
informant who had gone for study to the Anganwari Centre.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. No such
occurrence as alleged has taken place. The son of the informant
was recovered from the house of one Rupa Devi and the
petitioner Kaushalya Devi has been falsely implicated in the
case only for the reason that the said Rupa Devi is said to be the
sister’s daughter of Kaushalya Devi. The petitioners are in
custody since 4.5.2025 and 1.5.2025 respectively and
chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the minor son of
the informant having been recovered from the house of Rupa
Devi, the petitioners being in custody for 8 months since
4.5.2025 and 1.5.2025 respectively and chargesheet having been
submitted in the case, the Court directs both the petitioners to be
enlarged on bail in connection with Rampur P.S. Case no.204 of
2025 on each of them furnishing bail bond of Rs.10,000/
Patna High Court CR. MISC. No.74405 of 2025(3) dt.21-01-2026
3/3
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Gaya.
(Partha Sarthy, J)
Saurabh/-
U T
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