Lavali Devi @ Lavali Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50251 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Lavali Devi @ Lavali Chauhan S/o Rajesh Chauhan Resident Of VIllageRampur Buzurg, P.S.- Bankata, Distt- Deoria (U.P) ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53603 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Anu Devi W/o Bablu Jaiswal @ Ashwani Kumar Jaiswal R/o Vill and P.S.- Chauri Chaura, Distt- Deoria (U.P) ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 50251 of 2025) For the Petitioner/s :
Mr.Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP (In CRIMINAL MISCELLANEOUS No. 53603 of 2025) For the Petitioner/s :
Mr.Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2025 Heard Mr.Shailendra Kumar Dwivedi, learned counsel for the petitioners and the State.
2. The petitioners are in judicial custody in connection with Mairwa P.S. Case No. 67 of 2025 for the offence punishable under Sections 84, 143(2) of the Bhartiya Nayay Sanhita, 2023 lodged on 17.02.2025 by the informant, Rajesh
Patna High Court CR. MISC. No.50251 of 2025(2) dt.11-08-2025 2/3 Kushwaha.
3. As per the prosecution story, the informant alleged that the accused persons facilitated missing out of his wife, Maansa Devi and it is alleged that Lilawati Devi sold his wife to someone in Mathura, as it could not find, the FIR.
4. Learned counsel for the petitioners submit that subsequently, she returned and now is with the husband and only on suspicion, they have been taken into custody since 13.04. 2025 having no criminal antecedent, the husband was in the habit of taking liquor and fed up with that, the lady has moved away, if granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer stating that the allegation is of taking away the married wife of the informant.
6. Considering the submissions of the parties as also the fact that both the petitioners are ladies, are in custody since 13.04. 2025 having no criminal antecedent, as per the narration, the lady has returned to his family, in that background, this Court is inclined to extend them the privilege of bail with conditions.
7. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC. No.50251 of 2025(2) dt.11-08-2025 3/3 of like amount each to the satisfaction of learned A.C.J.M.-V, Siwan, in connection with Mairwa P.S. Case No. 67 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T