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Patna High Court

Shivani @ Shivani Kumari @ Sonu @ SinuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.90564 of 2025(2) dt.15-01-2026
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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
               Patna High Court CR. MISC. No.90564 of 2025(2) dt.15-01-2026
                                                           3/3




                         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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