Patna High Court

Nirmala DeviversusThe State of Bihar

Decided: 7 May 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The petitioner is entitled to bail.

Summary

Nirmala Devi was arrested in connection with a kidnapping and murder case (Hayaghat P.S. Case No. 212 of 2025) under Sections 238, 140, 103 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that her brother was kidnapped and killed, but the investigation revealed that co‑accused Deepak Sharma and Pragash Paswan confessed that the deceased was blackmailing the petitioner with a video of their intimate relationship and that they killed him. The petitioner’s counsel argued that the FIR was against unknown persons, there is no material linking her to the crime, she has no prior criminal record and a co‑accused has already been granted bail. The State opposed bail. After considering the lack of direct evidence against the petitioner and the circumstances, the Court ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita.
Whether the confessional statements of co‑accused and the absence of material against the petitioner justify granting bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 103, 140, 238, 3(5)

Subjects

bail
criminal procedure
confessional statement
blackmail
kidnapping
murder
Bhartiya Nyaya Sanhita
no antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23125 of 2026
                    Arising Out of PS. Case No.-212 Year-2025 Thana- HAYAGHAT District- Darbhanga
                 ======================================================
                 Nirmala Devi W/o Sanjeev Sharma R/o Village- Kishanpur, P.S- Warishnagar,
                 Dist- Samastipur.
                                                                            ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Madhav Kumar
                 For the Opposite Party/s :      Mr.Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   07-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Hayaghat P.S. Case No. 212 of 2025, registered for the offence

                   under Sections 238, 140, 103, 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution case, in short, is that the informant

                   lodged the FIR that his brother was kidnapped and killed.

                                4. Learned counsel appearing for the petitioner

                   submits that the FIR is against unknown persons. During

                   investigation, the petitioner, co-accused Deepak Sharma and co-

                   accused Pragash Paswan @ Prakash Paswan confessed and the

                   story that emerged out was that the deceased was blackmailing

                   the petitioner on the pretext that he was having the video

                   footage of their physical relationship, pursuant to which co-
          Patna High Court CR. MISC. No.23125 of 2026(3) dt.07-05-2026
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                    accused Deepak Sharma called co-accused Pragash Paswan @

                    Prakash Paswan and two others and had killed the deceased. It

                    has been further submitted that apart from the confessional

                    statement of co-accused, there is no material against the

                    petitioner. It has also been submitted that the petitioner is in

                    custody since 20.11.2025 and has got no criminal antecedents. It

                    has lastly been submitted that co-accused Pragash Paswan @

                    Prakash Paswan has been granted the privilege of bail by a

                    coordinate Bench of this Court by order dated 23.04.2026

                    passed in Cr. Misc. No. 15277 of 2026.

                                 5. Learned A.P.P. for the State vehemently opposed

                    the prayer for bail of the petitioner.

                                 6. Heard the parties and perused the record.

                                 7. Considering the facts and circumstances of the case

                    and the parity, let the, above named, petitioner be released on

                    bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with

                    two sureties of the like amount each to the satisfaction of

                    learned ACJM-VI, Darbhanga, in connection with Hayaghat P.S.

                    Case No. 212 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T
Patna High Court CR. MISC. No.23125 of 2026(3) dt.07-05-2026
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