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2025 DAILYLAW 20654 (PAT)

Fulkesar Devi @ Phulkesar Devi @ Ful Keshwari Devi v. The State of Bihar

CR. MISC./11348/2025 · 2025-03-28

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11348 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- BAGENGOLA District- Buxar ====================================================== Fulkesar Devi @ Phulkesar Devi @ Ful Keshwari Devi W/o Jagdev Singh Resident of Village- Bhadwar, PS- Berhampur, old Now at Present PS - Bagengola, District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 28-03-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Bagengola Police Station Case No. 115 of 2024, dated 14.11.2024, disclosing offences under Sections 96/3(5) of the Bhartiya Nyaya Sanhita. 3. The prosecution case, as per the First Information Report, is that on 11.11.2024, the co-accused Shivam Singh called the daughter of the informant, aged about 17 years, and kidnapped her with an intention to marry her. It has further been alleged that the petitioner helped the co- accused Shivam Singh in abduction/kidnapping of the minor daughter of the informant. Patna High Court CR. MISC. No.11348 of 2025(2) dt.28-03-2025 2/3 4. Learned counsel for the petitioner submits that the petitioner is 71 years old mother of the co-accused Shivam Singh, who allegedly eloped with the daughter of the informant for the purpose of marriage. The son of the petitioner, along with daughter of the informant, is not traceable. The petitioner is ready to co-operate with the police in tracing the whereabouts of her son and the informant’s daughter. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is mother of the co-accused Shivam Singh, who allegedly abduced/kidnapped the daughter of the informant, accordingly, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Buxar, in connection with Bagengola Police Station Case No. 115 of 2024, subject to the condition Patna High Court CR. MISC. No.11348 of 2025(2) dt.28-03-2025 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T