Guriya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51259 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- MUSAHARI District- Muzaffarpur ====================================================== Guriya Kumari D/o Pramod Khalifa , W/o- Sudhir Kumar Resident of Ward No. 32, Khagra Machhwara, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Mushahari P.S. Case No. 44 of 2025 instituted for the offences under Sections 137(2) and 87 of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the Informant's daughter proceeded from her house to Haryana where her husband was residing but, she did not reach there. It is further alleged that on 24.02.2025, she made call from mobile no. 9142943015 and told that she was being kept at someone' house where she is taking house work from her. Again on 10.03.2025, the victim called from mobile no. 9279386701 and told that she was not

Patna High Court CR. MISC. No.51259 of 2025(3) dt.11-11-2025 2/3 being permitted to go out from the house. Hence, the F.I.R.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. There is no eye-witness to the alleged occurrence. The petitioner is neither owner of the mobile numbers mentioned in the F.I.R. nor anything incriminating has been recovered from the conscious possession of the petitioner. In course of investigation, noting adverse has come against the petitioner. The only material against the petitioner is that she was found at the house of her Mausi Anju Devi when the police reached there and has been made victim of circumstance. The victim girl in her statement recorded under Section 183 of the B.N.S.S. has not stated anything adverse against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent. The petitioner is lady and is languishing in judicial custody since 27.04.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. Learned counsel for the State further submits that after search, the victim

Patna High Court CR. MISC. No.51259 of 2025(3) dt.11-11-2025 3/3 was recovered from the house of co-accused Anju Devi where the petitioner was also found.

6. Having heard learned counsel for the parties and taking into account the nature and gravity of the offence as also considering the materials available in the case diary and the statement of the victim girl recorded under Section 183 of the B.N.S.S., this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of six months from today. If the trial is not concluded within the period of six months as stated above, the petitioner will be at liberty to renew his prayer before the court below.

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