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Patna High Court

Mala DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court rejected the petitioner's application for regular bail.

Summary

Mala Devi, a woman and mother of one of the accused, was arrested in connection with a kidnapping case (PS Case No. 445 of 2024) involving the abduction of two girls, the daughters of an informant. She is alleged to have had full knowledge of the conspiracy and to have kept the victims in her house. The petitioner applied for regular bail, asserting a clean antecedent and her gender as mitigating factors. The informant’s counsel produced the victims' statements recorded under Sections 180 and 183 of the Bharatiya Nyaya Sanhita, indicating that the kidnapping was carried out with the petitioner’s awareness. The court, after considering the seriousness of the offence and the evidence of the victims' statements, declined to grant bail, allowing the petitioner to re‑apply after the victims’ deposition. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether regular bail can be granted to the accused in a kidnapping case under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, considering the alleged knowledge of the crime and the petitioner’s clean antecedent.

Legislation cited

Subjects

  • bail
  • kidnapping
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • women accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22039 of 2026
                     Arising Out of PS. Case No.-445 Year-2024 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Mala Devi W/o Gopal Mandal R/o vill - ward no. 14, Apar Road, Sultanganj,
                 P.S.- Sultanganj, Distt.- Bhgalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Singh
                 For the Opposite Party/s :       Ms. Renu Kumari
                 For the Informant        :       Mr. Rakesh Mohan Singh
                                                  Mr. Sumit Kumar Singh
                 ======================================================
                 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

                   Khagaria P.S. Case No. 445 of 2024 registered for the offence

                   under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The petitioner is a woman. She, along with other

                   co-accused persons, is accused of kidnapping the two daughters

                   of the informant under a conspiracy and keeping them in a

                   house. The petitioner is the mother of one of the co-accused.

                   She is in custody since 30.12.2025 and claims clean antecedent.

                                4. The learned counsel for the informant has produced
            Patna High Court CR. MISC. No.22039 of 2026(2) dt.08-04-2026
                                                        2/2




                      a copy of the case diary which contains the statement of the

                      victims recorded under Section 180 and 183 BNSS from which

                      it appears that the victims were kidnapped and kept forcibly in a

                      room in the house of the petitioner and the petitioner was having

                      full knowledge of the kidnapping.

                                   5. Considering the aforesaid facts and circumstances,

                      this Court is not inclined to grant regular bail to the petitioner.

                      Accordingly, this application for regular bail stands rejected

                      with liberty to the petitioner to approach this Court again after

                      the deposition of the victims is recorded in the trial.

                                   6. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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