Saroja Devi @ Saroj Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25062 of 2026 Arising Out of PS. Case No.-173 Year-2018 Thana- SAHPUR District- Patna ====================================================== Saroja Devi @ Saroj Devi W/o Bhola Singh Resident of village- Shikarpur, PS- Shahpur, Distt.- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ataul Haque, Adv.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail in connection with S.T. No. 1761 of 2025, arising out of Shahpur P.S. Case No. 173 of 2018 registered for the offence under Sections 363 & 365 of I.P.C.
3. Earlier, the bail application of the petitioner was rejected by this Court on 01.09.2025 in Cr. Misc. No. 22679 of 2025 which reads as follows:- "Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 173 of 2018 registered for the offence punishable under Sections 363 & 365 of the Indian Penal Code.
3. As per the prosecution case, the minor daughter of the informant went missing from his
Patna High Court CR. MISC. No.25062 of 2026(2) dt.08-05-2026 2/3 house on 06.06.2018.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 20.12.2024.
5. Learned A.P.P. has vehemently opposed the prayer for bail.
6. The F.I.R. is of year 2018. The statement of the victim was recorded under Section 164 of Cr.P.C., in which she has taken the name of the petitioner. The statement was recorded on 14.06.2018, thereafter, the petitioner was absconding.
7. Considering the aforesaid facts and circumstances and from the statement of the victim, it appears that the petitioner has participated in the kidnapping of the victim and the allegation is of serious nature, I am not inclined to grant bail to the petitioner.
8. Accordingly, this application for regular bail is hereby rejected"
4. As per the prosecution case, the minor daughter of the informant went missing from his house on 06.06.2018.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that though the petitioner is in custody since 20.12.2024 but no witness has been examined in this case till date. He also submits that in the connected trial of other persons, also no witness has been examined.
6. Learned APP for the State opposed the prayer for bail.
7. Considering the period of custody, delay in trial and
Patna High Court CR. MISC. No.25062 of 2026(2) dt.08-05-2026 3/3 the fact that the petitioner is a woman, this application is allowed.
8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with S.T. No. 1761 of 2025, arising out of Shahpur P.S. Case No. 173 of 2018 subject to condition that:- (ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bond of the petitioner.
(Sandeep Kumar, J) sadique/- U