Patna High Court
Nikki Devi @ Nikki KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to regular bail in the kidnapping case.
Summary
Nikki Devi, the sister of the alleged kidnapper Vicky Kumar, was arrested in connection with a kidnapping case under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and has been in custody since 8 April 2026. She applied for regular bail, asserting her innocence and clean antecedents, while the State opposed the relief. The High Court examined the fact that she is a relative of the main accused but noted that bail is a right and not a determination on the merits of the case. The Court held that the petitioner is entitled to bail, subject to a cash bond and sureties, and imposed conditions of regular appearance and cooperation. Consequently, the bail application was allowed, and the petitioner was released on bail with a bond of Rs.10,000 and two sureties of the same amount.
Issues considered
- Whether the petitioner, being the sister of the main accused in a kidnapping case, is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 96
Subjects
- bail
- kidnapping
- criminal procedure
- Bharatiya Nyaya Sanhita
- regular bail
- relation to accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43888 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- PIYAR District- Muzaffarpur
======================================================
Nikki Devi @ Nikki Kumari W/O Dharmendra Kumar @ Dharmendra Mahto
Resident of Village- Bargaw, P.S.- Piyar, District- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Piyar P.S. Case No. 35 of 2026 registered for the offence under
Section(s) 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is the
sister of the main accused, Vicky @ Bikki Kumar, who is
alleged to have kidnapped the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 08.04.2026 and has clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.43888 of 2026(2) dt.08-07-2026
2/2
6. Considering the aforesaid facts and circumstances,
and the fact that the petitioner is the sister of the main accused,
Vicky @ Bikki Kumar, who is alleged to have kidnapped the
victim girl, the application stands 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 Piyar P.S. Case No.
35 of 2026 subject to condition 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.
8. 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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