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Patna High Court

Manju Devi @ Manju KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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