Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42392 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Baby Devi W/o Lalan Tanti R/o Village- Tulsipur, Ward No. 17, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 98 of 2025 instituted for the offence under Sections 137(2), 140(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that daughter of the informant has been kidnapped by co-accused persons, including the petitioner.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.42392 of 2025(2) dt.15-07-2025 2/3 that the petitioner is in custody since 02-04-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is delay of four days in lodging the FIR. Referring to impugned order, it is submitted that victim in her statement has specifically alleged that son of the petitioner, namely, Anshul took her to Dehradun and married her, thereafter made sexual relation with her. Owing to relationship of the petitioner with co-accused Anshul, she has been roped in this case. There is no material against the petitioner. Petitioner is a lady. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no specific allegation against the petitioner in the FIR and even in the statement of the victim, which fact finds mentioned in the impugned order, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.42392 of 2025(2) dt.15-07-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 98 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T