Dukhni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16190 of 2026 Arising Out of PS. Case No.-102 Year-2025 Thana- ROSHANGANJ District- Gaya ====================================================== Dukhni Devi Wife of Late Birendra Paswan @ Virendra Paswan Resident of Village- Bhalluar, P.S.- Roshanganj, District- Gaya, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shama Sinha, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2026 Heard Mr. Shama Sinha, learned counsel for the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 04.11.2025, in connection with Roshanganj P.S. Case No. 102 of 2025, F.I.R. dated 09.07.2025 registered for the offences punishable under Sections 96 and 3(5) of the B.N.S., 2023.

3. Allegation against the petitioner is that she along with other co-accused person have kidnapped the minor daughter of the informant aged about 12 years.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case. It appears from the F.I.R. that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis

Patna High Court CR. MISC. No.16190 of 2026(2) dt.12-03-2026 2/3 of suspicion only that she is mother of co-accused person, namely, Ravi Kumar @ Rohit Kumar and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 04.11.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and she has been made accused merely on the ground that she is mother of co-accused person, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Roshanganj P.S. Case No. 102 of 2025, subject to the following conditions :-

(1) 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

Patna High Court CR. MISC. No.16190 of 2026(2) dt.12-03-2026 3/3 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 her criminal antecedents, 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) Ibrar//- U T