Patna High Court

SHAIL KUMARI DEVIversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Pre‑arrest bail was denied.

Summary

Shail Kumari Devi, the petitioner, sought pre‑arrest bail after learning that a case had been registered against her under sections 137(2), 96 and 3(5) of the BNS. The FIR alleges that she, along with co‑accused, kidnapped the minor daughter of an informant, who remains missing. The court considered the seriousness of the kidnapping allegation and the fact that the victim is still untraced. It held that these circumstances warranted denial of bail. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner given the allegations of kidnapping and the victim’s continued absence.

Legislation cited

BNS — s. 137(2), 3(5), 96

Subjects

kidnapping
pre‑arrest bail
missing victim
criminal procedure
BNS

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.83045 of 2025
                       Arising Out of PS. Case No.-200 Year-2025 Thana- KANTI District- Muzaffarpur
                  ======================================================
                  SHAIL KUMARI DEVI Wife of Raj Kumar Bind Resident of Village - Kati
                  Tiwari Tola, Post - Kanti, P.S.- Kanti, District - Muzaffarpur.

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Guddi Devi Wife of Vijay Sah Resident of Village - Kanti Kasba, Ward No.-
                  06, Nagar Parishad Kanti, Post - Kanti, P.S.- Kanti, District - Muzaffarpur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Praveen Kumar , Advocate
                  For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    05-01-2026                          Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under sections 137 ( 2 ), 96 and 3 (5) of
                    BNS.
                                 3 . As per F.I.R. this petitioner along with other co-
                    accused persons kidnapped the minor daughter of informant
                    who is still traceless.
                                 4. Considering the nature of accusation and also the
                    fact that victim is still traceless, prayer for pre-arrest bail of the
                    petitioners is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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