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Patna High Court

Surujwa DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied pre‑arrest bail to the petitioners.

Summary

The petitioners, Surujwa Devi, Mannu Mahto and Lokesh Kumar, applied for pre‑arrest bail in a case registered under several sections of the Indian Penal Code, including assault, kidnapping and murder. The FIR alleges that they assaulted two Natis of the informant and abducted the informant’s daughter, who remains missing and is feared dead. The State opposed the bail, emphasizing the gravity of the offences and the seriousness of the allegations. The High Court, after hearing counsel for both sides, held that the nature and seriousness of the accusations warranted denial of bail. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged under sections 126(2), 115(2), 103(1), 109(1), 61(2), 238, 351(2), 352 and 3(5) of the Indian Penal Code.

Legislation cited

  • Indian Penal Code — s. 103(1), 109(1), 115(2), 126(2), 238, 3(5), 351(2), 352, 61(2)

Subjects

  • pre‑arrest bail
  • Indian Penal Code
  • assault
  • kidnapping
  • murder
  • high court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.85 of 2026
                  Arising Out of PS. Case No.-212 Year-2025 Thana- KARAI PARSURAI District- Nalanda
               ======================================================
           1 . Surujwa Devi Wife of Mannnu Mahto @ Mannu Singh Resident of Village -
                Salempur Binsa, P.S. - Karai Prasurai, District - Nalanda.
           2.    Mannu Mahto @ Mannu Singh Son of Late Jatan Singh Resident of Village
                 - Salempur Binsa, P.S. - Karai Prasurai, District - Nalanda.
           3.    Lokesh Kumar Son of Mannu Mahto @ Mannu Singh Resident of Village -
                 Salempur Binsa, P.S. - Karai Prasurai, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alexander Ashok, Advocate
                 For the Opposite Party/s :      Mr. Nand Kishore Prasad , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                     Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehends arrest in a case registered

                   for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),

                   103 (1) , 109 (1) , 61 ( 2 ), 238 , 351 ( 2 ), 352 and 3 (5) of BNS.

                                3 . As per F.I.R. these petitioners assaulted the two

                   Natis of the informant and disappeared the daughter of the

                   informant. Informant suspects that her daughter has been killed

                   by these petitioners. The daughter of informant is still traceless

                   and both the Natis are under treatment.

                                4.. Considering the nature of accusation and gravity of
            Patna High Court CR. MISC. No.85 of 2026(2) dt.20-01-2026
                                                        2/2




                      offence and other circumstances of the case , prayer for pre-

                      arrest bail of the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
Koushik/-

U      T


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