Patna High Court
Manju Devi @ Manju KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioner's application for regular bail subject to bond and conditions.
Summary
Manju Devi, mother of the main accused, was arrested in connection with a kidnapping case under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. She applied for regular bail, claiming innocence, while the State opposed, noting that the victim girl had not been recovered. The Court examined the circumstances, including the length of custody and the lack of police effort to locate the victim. It granted regular bail on a Rs.10,000 bond with two sureties, imposing conditions of regular appearance and cooperation. Additionally, the Court directed the Superintendent of Police to take steps to recover the victim and report back.
Issues considered
- Whether regular bail should be granted to the petitioner in a kidnapping and POCSO case where the victim has not been recovered.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- kidnapping
- POCSO
- victim recovery
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22010 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Manju Devi @ Manju Kumari W/o Ashok Chaurasiya @ Ashok Kumar
Prasad R/o vill - Bhagwanpur, P.S.- Garhiya Bazar, Distt.- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X S/o Late Bali Singh R/o vill - Narayanpur, P.S.- Garhiya Bazar, Distt.-
East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Purushottam Kumar, Advocate
Ms. Kajal, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar
Mr. Abhishek Kumar
Mr. Sharad Kumar Verma
Mr. Sagar Kumar
Mr. Hemant Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Madhuban P.S. Case No. 464 of 2025 registered for the offence
under Section(s) 96 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are said to have kidnapped the victim.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22010 of 2026(2) dt.08-04-2026
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petitioner is innocent and has not committed any offence. The
petitioner is the mother of the main accused Aditya Kumar and
she is in custody since 20.01.2026.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
It is submitted that the victim has not been recovered till date.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Madhuban P.S.
Case No. 464 of 2025 subject to conditions that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner. The petitioner is further
directed to extend full cooperation with the
investigation.
8. However, it appears that the police is not taking any
interest in the recovery of the victim. In these circumstances, the
Patna High Court CR. MISC. No.22010 of 2026(2) dt.08-04-2026
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Superintendent of Police, East Champaran, Motihari is directed
to take all steps for the recovery of the victim girl and if the
victim girl is not recovered on or before the next date of
hearing, the Superintendent of Police, East Champaran,
Motihari, will personally appear before this Court. The
Superintendent of Police, East Champaran, Motihari, will file a
compliance report on or before the next date of hearing.
9. Re-list this case after six weeks under the heading
“For Orders.”
10. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX or e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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