Patna High Court
Manisha Kumari @ ManishaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, ordering her release on bond with two sureties.
Summary
Manisha Kumari was arrested in connection with a case involving alleged kidnapping, assault and criminal conspiracy under IPC sections 365, 364, 377 and 120(B). The prosecution alleged that co‑accused abducted the informant's brother over a loan dispute in which the petitioner had acted as guarantor and repaid only part of the amount. The petitioner contended that no incriminating material was found on her, that the charge sheet did not specifically allege her participation in the kidnapping, and that the victim’s statement under Section 164 Cr.P.C. made no reference to her. The State opposed bail, while the petitioner’s counsel highlighted her long custody since September 2022 and the grant of regular bail to other co‑accused. Considering the lack of specific evidence against her and the period of detention, the Court inclined to grant bail, ordering release on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the charge sheet and victim’s statement sufficiently implicate the petitioner in the kidnapping.
- Whether the period of custody and lack of specific incriminating material justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 120B, 364, 365, 377
Subjects
- bail
- kidnapping
- criminal conspiracy
- loan dispute
- IPC
- CrPC
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72887 of 2025
Arising Out of PS. Case No.-930 Year-2022 Thana- DANAPUR District- Patna
======================================================
Manisha Kumari @ Manisha W/o Ganesh Ram Resident of Village - CID
Colony, Flat No 84/33, Shastrinagar, PS and P.O. - Shastrinagar, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Danapur P.S. Case No. 930 of 2022, instituted for the offences
punishable under Sections 365, 364, 377 and 120(B) of the
Indian Penal Code.
3. The prosecution case, in short, is that while the
informant was in her house with her brother, in the meantime,
co-accused, namely, Abhishek, Raunak and two others armed
with firearms, forcibly abducted informant’s brother. It is further
alleged that the informant’s father had arranged a loan of Rs.
15,00,000/- to the petitioner from the co-accused persons and
made himself a guarantor. The petitioner repaid only Rs.
Patna High Court CR. MISC. No.72887 of 2025(3) dt.13-01-2026
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7,00,000/- and being aggrieved with the non-return of the
balance amount, the accused persons abducted informant’s
brother at gunpoint.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that no specific allegation of kidnapping has been
attributed against the petitioner rather the same is general and
omnibus in nature. It is further submitted that the victim has not
mentioned anything against the petitioner in his statement
recorded under Section 164 of Cr.P.C. The petitioner is in
custody since 02.09.2022 and has got one criminal antecedent in
which she is on bail. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by a
Co-ordinate Bench of this Court vide order dated 25.08.2023
passed in Cr. Misc. No. 54216 of 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
Patna High Court CR. MISC. No.72887 of 2025(3) dt.13-01-2026
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undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Danapur P.S. Case
No. 930 of 2022.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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