Jitani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81142 of 2025 Arising Out of PS. Case No.-224 Year-2024 Thana- BAUNSI District- Araria ====================================================== Jitani Devi, aged about 54 years (F), W/O Late Chandrakala Rishideo @ Late Chandrakala Rishi, Resident of Village- Karaihiya ward no. 01, Police Station- Bounsi, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-12-2025 Heard Mr. Mukesh Kumar Rana, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Bounsi P.S. Case No. 224 of 2024 registered for the offence(s) punishable under Sections 191(2), 190 and 96 of the BNS.
3. As per the allegation made in the FIR, son of the petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case, being the mother of the main accused/Dinesh Kumar, who has allegedly taken away the
Patna High Court CR. MISC. No.81142 of 2025(2) dt.22-12-2025 2/3 daughter of the informant with an intention to marry with her. He further submitted that petitioner had no idea that her son and the victim were having love affair with each other. Statement of the victim was recorded under Section 183 BNSS in which she has stated that she willingly went away from her house and solemnized marriage in a temple with the Dinesh Kumar, son of the petitioner. He further submitted that daughter of the informant along with her son are now living happily in the house of the petitioner. Petitioner has clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also the fact that petitioner is mother of the main accused/ Dinesh Kumar and said Dinesh Kumar and daughter of the informant have solemnized marriage on their own and now they are living happily, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender
Patna High Court CR. MISC. No.81142 of 2025(2) dt.22-12-2025 3/3 before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria/ Concerned Court in connection with Bounsi P.S. Case No. 224 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T