Patna High Court
Shivani @ Shivani Kumari @ Sonu @ SinuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
Shivani Kumari was arrested on 19 November 2025 in connection with a kidnapping case (Hajipur Town P.S. Case No.1228 of 2025) under Sections 137(2), 96 and 3(5) of the BNS. The petitioner alleged that the FIR was fabricated and that the alleged victim, after being recovered, gave a statement under Section 183 of the BNSS, 2023, denying any kidnapping. The petitioner, represented by Mr. Rajeev Ranjan, argued that she has a clean antecedent and that the victim’s statement undermines the prosecution’s case. The State, represented by Additional Public Prosecutor Mr. Arun Kumar Singh, opposed bail. The Court, noting the clean antecedent and the victim’s non‑supportive statement, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under Sections 137(2), 96 and 3(5) of the BNS, considering the victim’s statement under Section 183 of the BNSS, 2023 and the petitioner’s clean antecedent.
Legislation cited
- BNS — s. 137(2), 3(5), 96
- BNSS, 2023 — s. 183
Subjects
- bail
- kidnapping
- false FIR
- victim statement
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90564 of 2025
Arising Out of PS. Case No.-1228 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Shivani @ Shivani Kumari @ Sonu @ Sinu Daughter of Sunil Saw Resident
of 07, Shastri Nagar, Block 4, road no 2, PS- Baghbare District -Purvi
Singbhoomi (Jamsedhpur) Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr.Rajeev Ranjan, learned counsel for the
petitioner and Mr.Arun Kumar Singh, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
19.11.2025 in connection with Hajipur Town P.S. Case No.1228
of 2025, dated 07.10.2025 registered for the offences punishable
under Sections 137(2),96,3(5) of BNS.
3. Allegation against the petitioner is that she lured
and kidnapped the informant’s daughter with intention of luring
her into immoral activities.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
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has not committed any offence as alleged in the FIR. Further
submits that the victim was recovered and her statement under
Section 183 of BNSS, 2023 was recorded in which she has not
supported the case of the prosecution and she has stated that no
one had kidnapped her she had gone to her friends house at
Jamshedpur. The petitioner is in custody since 19.11.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and victim has not supported the case of the
prosecution in her statement under Section 183 of BNSS, 2023,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned C.J.M.,
Vaishali at Hajipur in connection with Hajipur Town P.S. Case
No.1228 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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