Patna High Court

Sangeeta DeviversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner, subject to monetary and procedural conditions, as the evidence against her was tenuous and she had no prior criminal record.

Summary

Sangeeta Devi was arrested in connection with a kidnapping case (Bidupur P.S. Case No. 773 of 2023) under IPC sections 364, 365, 120(b) and 34. She had been in custody since 21 May 2025 and claimed she was falsely implicated, asserting that the victim had fallen into a river and that she was named only on the basis of a co‑accused’s confessional statement. The petitioner’s counsel highlighted her clean record and the fact that another co‑accused had already been released on bail. The State opposed the bail application. The Court, taking into account the petitioner’s gender, lack of prior criminal history, and the weak evidentiary basis, granted bail subject to a cash bond of Rs.15,000, two sureties, and conditions regarding appearance, non‑tampering with evidence and non‑intimidation of witnesses.

Issues considered

Whether bail should be granted to the petitioner accused of kidnapping, kidnapping for ransom, criminal conspiracy and common intention given the circumstances of the case.

Legislation cited

Indian Penal Code — s. 120(b), 34, 364, 365

Subjects

bail
kidnapping
criminal conspiracy
Indian Penal Code
presumption of innocence
surety
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87187 of 2025
                       Arising Out of PS. Case No.-773 Year-2023 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Sangeeta Devi W/o Sri Jayram Rai Resident of Village- Majilispur Mayatola,
                 P.S.- Bidupur, District- Vaishali
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Yugal Kishore, Advocate
                 For the Opposite Party/s :        Mr.Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Bidupur P.S. Case No. 773 of 2023, instituted for the offences

                   under Sections 364, 365, 120(b) and 34 of the Indian Penal

                   Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is in custody since 21.05.2025 and she bears no

                   criminal antecedent. He further submitted that petitioner is

                   innocent and she has falsely been implicated in this case only on

                   the basis of suspicion. No witnesses has seen the petitioner to

                   kidnap the victim. He further submitted that, in fact, in course of

                   playing victim boy fell down in the river. The petitioner has

                   been named in this case after three months of the occurrence on
Patna High Court CR. MISC. No.87187 of 2025(3) dt.09-02-2026
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          the basis of confessional statement of co-accused. Learned

          counsel for the petitioner further submits that other co-accused

          has been granted bail by this Court vide order dated 09.01.2026

          passed in Cr. Misc. No. 87640 of 2025.

                       5. Learned A.P.P. 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, petitioner is lady, taking into account the period of

          custody of 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 Bidupur P.S. Case

          No. 773 of 2023, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.87187 of 2025(3) dt.09-02-2026
                                                       3/3




                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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