Dukhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28355 of 2026 Arising Out of PS. Case No.-160 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Dukhani Devi W/o- Jivach Yadav Village- Mourkahi PO and PS- Bithan District-Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Devi W/o- Rajesh Yadav Village- Mourkahi, W.No-6, PO and PSBithan District-Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bithan P.S. Case No. 160 of 2023, instituted for the offences punishable under Sections 363, 366(a) and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioner, in connivance with co-accused persons, allegedly enticed away the informant's daughter during a village fair, whereafter she went missing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there was

Patna High Court CR. MISC. No.28355 of 2026(5) dt.21-07-2026 2/2 love affair between the victim and co-accused Krishna Yadav. It is next submitted that daughter of the informant has solemnized marriage with co-accused Krishnna Yadav out of her own free will and the victim is also major. It is further submitted that the petitioner has got no concern with the alleged occurrence. The petitioner is in custody since 31.01.2026 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bithan P.S. Case No. 160 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T