Patna High Court
Sushma DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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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