Patna High Court
Lalpari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- B.N.S. — s. 137(2), 143, 97
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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