Patna High Court
Priyanka KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing her release on a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Priyanka Kumari, was arrested in connection with a case registered under sections 87, 142 and 143 of the Bihar Narcotic Substances Act, 2023, alleging involvement in the alleged kidnapping of a minor. The victim was later recovered and, under a statement recorded pursuant to Section 183 of the BNSS, explained that she had left home voluntarily, was rescued, and subsequently taken to Haryana where she married a co‑accused named Mohan. The petitioner’s name surfaced only through confessional statements of other co‑accused, who had already been granted bail in similar proceedings. The petitioner had been in judicial custody since 15 May 2025 and sought regular bail, arguing innocence and lack of direct evidence. The State opposed the bail, but the Court, considering the victim’s testimony, the bail granted to co‑accused, and the absence of a strong prima facie case, ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Judge, POCSO Act, Kaimur.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner under sections 87, 142 and 143 of the BNS, 2023 given the facts of the case?
- Does the victim’s statement and the bail granted to co‑accused affect the petitioner’s eligibility for bail?
Legislation cited
Subjects
- regular bail
- criminal procedure
- kidnapping
- minor victim
- Bihar Narcotic Substances Act
- Section 183 statement
- co‑accused bail
- POCSO Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91897 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- SONHAN District- Kaimur (Bhabua)
======================================================
Priyanka Kumari S/o Ashok @ Ashok Saini Resident of Village- Baskira
Road, P.S.- Narnaul, District- Mahendragarh (Haryana)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rajesh Ram Son of Damri Ram R/O Vill.- Sonhan, District- Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amaresh Kumar Jha, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 87, 142 and
143 of the BNS, 2023.
3. The case of the prosecution is that the minor
daughter of the informant was missing from the house. It is
alleged that the victim was on talking terms on Mobile No.
xxxxx88626 and the informant believes that the holder of this
mobile number has kidnapped her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.91897 of 2025(2) dt.30-01-2026
2/3
during the course of investigation, the victim was recovered and
she has given her statement recorded under Section 183 of the
BNSS wherein she has stated that as her mother scolded her, she
went out of her house and she was going to jump from a train
then one Sunny rescued her and took her to her sister-inlaw’s in
her house at Patna. She remained there for two days and after
that she was taken to Haryana by the sister-in-law of Sunny and
she was married to one co-accused, namely, Mohan. It is further
submitted that name of the petitioner has surfaced on the basis
of the confessional statement of co-accused persons. It is further
submitted that co-accused persons, namely, Mohan and Pradeep
Kumar have been granted bail by a Bench of this Court vide
order dated 16.09.2025 passed in Cr. Misc. No. 45523 of 2025
and its analogous cases. It is further submitted that another co-
accused, namely, Sarita Devi @ Sarita Kumari has also
extended the privilege of bail vide order dated 10.09.2025
passed in Cr. Misc. No. 41161 of 2025 by a co-ordinate Bench
of this Court. Moreover, the petitioner is languishing in judicial
custody since 15.05.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.91897 of 2025(2) dt.30-01-2026
3/3
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Sonhan P.S. Case No. 49 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, POCSO Act, Kaimur (Bhabhua).
(Ashok Kumar Pandey, J)
Jagdish/-
U
Checking your session…