Priya Kumari @ Shyampari Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49963 of 2025 Arising Out of PS. Case No.-375 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Priya Kumari @ Shyampari Kumari, D/O Ramkrit Yadav @ Bagar Yadav, R/O Village- Khidarpura, P.S- Buniyadganj, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2025 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Muffasil P.S. Case No. 375 of 2025 registered for the offences punishable under Section125 of the of the Bharatiya Nyaya Sanhita, 2023 and Section 25(9) of the Arms Act
3. Based upon a viral video wherein the petitioner was seen dancing along with others by holding a pistol in her hand, the present F.I.R. came to be instituted.
4. Learned Advocate for the petitioner submitted that the petitioner is an unmarried school going girl and on the date of occurrence without knowing this fact as to whether the arms is fake or genuine, she participated in dancing along with others. In course of dance, her photograph was taken and made it viral.
Patna High Court CR. MISC. No.49963 of 2025(2) dt.11-08-2025 2/3 It is further contended that in fact the arms, which had been seen in the hand of the petitioner, in course of dancing, was not a genuine arms, rather it was a toy. However, the police without knowing this fact, has instituted the F.I.R., based upon the viral video, which video is also not supported with the provisions under Section 65B of the Indian Evidence Act. He lastly contended be that as it may, the petitioner is a girl of tender age, having fair antecedent.
5. On the other hand, learned APP for the State vehemently opposes the bail application.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the fact that the petitioner is a girl of tender age and there is no recovery of any incriminating material from her whereabouts and the genuineness of viral video is yet to be verified, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 375 of 2025, subject to the condition as
Patna High Court CR. MISC. No.49963 of 2025(2) dt.11-08-2025 3/3 laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T