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Patna High Court

Lalpari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that regular bail should be granted to the petitioner.

Summary

The petitioner, Lalpari Devi, was arrested in connection with a case registered under Sections 137(2), 97 and 143 of the B.N.S., alleging involvement in the disappearance of a four‑year‑old child suspected to be a victim of human trafficking. The prosecution alleged that the petitioner was part of a group that abducted the child for ransom, while the petitioner claimed innocence, stating that the only evidence against her was a confessional statement of co‑accused Anita Devi made in police custody and that no money transaction of Rs 30,000 could be proved. The petitioner had no prior criminal record and had been in custody since 28‑06‑2025, and she assured cooperation with the trial. The State opposed bail, arguing the seriousness of the offences. After considering the submissions and the lack of material evidence linking the petitioner to the alleged kidnapping, the Court ordered that she be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether regular bail can be granted to the petitioner under Sections 137(2), 97 and 143 of the B.N.S.
  • Whether the petitioner poses a flight risk or a risk of tampering with evidence warranting denial of bail

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • human trafficking
  • child abduction
  • B.N.S.
  • Section 137(2)
  • Section 97
  • Section 143
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75724 of 2025
                   Arising Out of PS. Case No.-264 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Lalpari Devi W/o Ramjee Sahni @ Ramji Sahni R/o Village- Salkhani, PS-
                 Bibhutipur, Distt- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Kumar, Adv
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

6   27-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for grant of

                   regular bail in connection with Bibhutipur P.S. Case No. 264 of 2025

                   registered for the offences punishable under Sections 137(2), 97, 143

                   of the B.N.S.

                                3. As per the prosecution case, on 27.06.2025, at about

                   06:00 A.M., the son of the informant, Awadesh Kumar, aged about

                   four years, was playing on the road but he subsequently went

                   missing. A search was made, but he was not found. It has been

                   alleged that 3-4 persons, engaged in human trafficking might have

                   taken away the son of the informant for selling him and the informant

                   has further expressed firm belief that untoward incident might

                   happen with her son. He has also been alleged that his child might

                   have been taken away by some local lady having knowledge about
             Patna High Court CR. MISC. No.75724 of 2025(6) dt.27-04-2026
                                                         2/2




                       the child.

                                    4. Learned counsel for the petitioner has submitted that

                       the petitioner is innocent and has falsely been implicated in this case.

                       It has further been submitted that the petitioner happens to be a lady,

                       her name transpired on the basis of the confessional statement of co-

                       accused Anita Devi while in police custody. It has further been

                       submitted that there is no proof on record showing transaction of Rs.

                       30,000/- in regard to the said kidnapping. It has lastly been submitted

                       that the petitioner has no criminal antecedent and is in custody since

                       28.06.2025. Petitioner is a lady and she is ready to co-operate in the

                       trial. There is no allegation of tampering against her.

                                    5. Learned APP for the State has vehemently opposed the

                       prayer for bail of the petitioner.

                                    6. Considering the aforesaid submissions of the parties

                       and taking into account the facts and circumstance of the case, let the

                       petitioner above-named, be enlarged on bail on furnishing bail-bonds

                       of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of learned Court concerned,

                       Bibhutipur P.S. Case No. 264 of 2025.

                                    7. The application stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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