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Patna High Court

Sushma DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

The petitioner, Sushma Devi, sister of co‑accused Manmohan Kumar, feared arrest in a kidnapping case registered under Sections 137(2) and 96 of the B.N.S. The prosecution alleged that Manmohan Kumar, with the help of other accused, lured and kidnapped the informant’s daughter, and that the petitioner was implicated merely because of her familial relationship. The petitioner pleaded innocence, highlighting the lack of any specific allegation of an overt act against her and her clean antecedents. The State opposed the grant of anticipatory bail. The Court, considering the general nature of the accusation, the petitioner’s clean record, and the absence of direct involvement, allowed anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order applies if she is arrested or surrenders within eight weeks from the date of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the allegations of kidnapping and her relationship to the co‑accused.

Legislation cited

  • B.N.S. — s. 137(2), 482(2), 96

Subjects

  • anticipatory bail
  • kidnapping
  • clean antecedents
  • co‑accused relationship
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84344 of 2025
                   Arising Out of PS. Case No.-238 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Sushma Devi W/o Sri Rajkumar Prasad Resident of village - Bhitaha, P.S -
                 Bairiya, District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sharad Kumar Verma, Advocate
                 For the State           :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 137(2) and

                   96 of the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   18.06.2025, co-accused Manmohan Kumar, with the help of all

                   the other F.I.R. named accused persons, including this petitioner,

                   lured the daughter of informant and kidnapped her.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is

                   apparent that specific accusation of kidnapping daughter of

                   informant is against co-accused Manmohan Kumar. No specific
             Patna High Court CR. MISC. No.84344 of 2025(2) dt.06-01-2026
                                                         2/2




                       accusation of overt act has been alleged against this petitioner

                       and she has falsely been roped in this case merely because she

                       happens to be sister of co-accused Manmohan Kumar. Petitioner

                       is a lady and claims clean antecedents.

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

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation and clean

                       antecedents of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged 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 Judicial Magistrate, Bettiah,

                       West Champaran in connection with Bairiya P.S. Case No. 238

                       of 2025, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


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