Patna High Court

Fulkumari DeviversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted bail to the petitioner, finding that the delay in FIR filing, lack of injury, and the primary allegation against the co‑accused warranted her release on bail.

Summary

Fulkumari Devi, mother of a co‑accused, was arrested in a case under IPC Sections 366A and 34 for allegedly abducting a minor girl with intent to marry. The FIR was lodged nine days after the alleged incident, and the victim’s medical report showed no external injuries; her age was assessed at 18‑19 years. The petitioner, a first‑time offender with no criminal antecedent, was charged solely because she allegedly called the victim to her house. The petitioner’s counsel highlighted the delay in filing the FIR, the lack of injury, and the fact that the main thrust of the case was against her son, Pramod Sahni. The Additional Public Prosecutor opposed bail, but the court, considering these circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether bail should be granted to the petitioner accused under Sections 366A and 34 of the IPC given the delay in lodging the FIR and the absence of physical injury to the victim.
Whether the petitioner’s relationship to the co‑accused (as his mother) suffices to sustain her continued detention.

Legislation cited

Indian Penal Code — s. 34, 366A

Subjects

bail
kidnapping
marriage
IPC 366A
common intention
FIR delay
minor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65810 of 2025
                  Arising Out of PS. Case No.-302 Year-2017 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Fulkumari Devi W/O Dhaneshwar Mahato @ Dhaneshwar Sahani Resident of
                 Vill.- Khaira Ajam, P.S.- Baikunthpur, Dist.- Gopalganj
                                                                         ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Badri Prasad Son of Late Sipahi Prasad Resident of Village- Khaira Azam,
                  P.S.- Baikunthpur, Gopalganj
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Umesh Kumar Singh
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER
6   19-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 366A and 34 of the Indian

                   Penal Code.

                                3. Petitioner along with other accused persons are said

                   to have abducted the minor daughter of the informant with

                   intention of marriage.

                                4. Learned counsel for the petitioner submits that the

                   First Information Report has been lodged after delay of 9 days

                   for which no explanation has been tendered. Further, the

                   petitioner and the informant are neighbours and are quite well

                   known to each other. The medical report of the victim also

                   indicates that there is no external injury and the age of the

                   victim has been assessed to be between 18 to 19 years. Further,
             Patna High Court CR. MISC. No.65810 of 2025(6) dt.19-02-2026
                                                         2/2




                       thrust of the allegation is against co-accused Pramod Sahni and

                       the present petitioner has been made an accused only on account

                       of the fact that she is the mother of co-accused Pramod Sahni

                       with an allegation that she had called the victim to her house.

                       The petitioner is in custody since 17.05.2025 with no criminal

                       antecedent and the charge-sheet has been submitted.

                                    5. Learned APP for the State has opposed the

                       application for bail.

                                        6. Taking into consideration the facts and

                       circumstances and also considering that the thrust of allegation

                       is against co-accused Pramod Sahni and the petitioner happens

                       to be the mother of the main accused coupled with the delay in

                       lodging of the FIR, let the above named petitioner, be enlarged

                       on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned court below where the case is

                       pending/successor court in connection with Baikunthpur P.S.

                       Case No. 302 of 2017.


                                                 (Soni Shrivastava, J)
devendra/-
U      T

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