Patna High Court
MANISHA DEVI @ SIMA DEVIversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed; the accused are not to be released on bail.
Summary
The petitioners, two sisters, were arrested in connection with offences under Sections 363, 366-A and 34 of the Indian Penal Code relating to theft, kidnapping of a minor girl and common intention. They have been in judicial custody since 16 May 2024 and earlier bail applications were rejected by the High Court. The present bail petition, the second attempt, was filed while the trial was at the prosecution evidence stage, with the trial expected to conclude within six months. The State opposed bail, and the court observed that no new ground was raised to merit a change in its earlier view. Consequently, the court again denied bail, directing the lower court to expedite the trial and complete it within four months, allowing the petitioners to file a fresh bail application thereafter.
Issues considered
- Whether bail should be granted to the accused given the nature and gravity of the offences under Sections 363, 366-A and 34 IPC.
- Whether the stage of trial and absence of any new ground justify a fresh bail order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 34, 363, 366-A
Subjects
- bail
- IPC sections 363
- IPC section 366-A
- IPC section 34
- minor victim
- judicial custody
- expeditious trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87205 of 2025
Arising Out of PS. Case No.-230 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. MANISHA DEVI @ SIMA DEVI W/o- Nitish Kumar Singh Residing at
Village- Jangali Maie @ Jagli Mae, P.S.-Muzuffarpur Town, District-
Muzuffarpur, and at presently residing at mohalla- Pani Tanki Road, Charch
Road No. 1, P.S.-Mithanpura, District- Muzaffarpur
2. Tannu Kumari @ Tanu Kumari D/o- Nitish Kumar Singh Residing at
Village- Jangali Maie @ Jagli Mae, P.S.-Muzuffarpur Town, District-
Muzuffarpur, and at presently residing at mohalla- Pani Tanki Road, Charch
Road No. 1, P.S.-Mithanpura, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Manish Kumar S/o- Birendra Rai Resident of Village and Post- Govind
Chak, P.S.- Sonpur, District- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Advocate
Mr. Amar Kumar Paswan, Advocate
Ms. Deepshikha, Advocate
Ms. Mahi Priya, Advocate
Mr. Suraj Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Hajipur Sadar P.S. Case No. 230 of 2024, instituted for the
offences under Sections 363, 366-A and 34 of the Indian Penal
Code.
3. This is the second attempt of the petitioners for
bail. The petitioners have renewed their prayer for grant of
Patna High Court CR. MISC. No.87205 of 2025(3) dt.26-02-2026
2/3
regular bail which was earlier rejected by this Court vide orders
dated 13.02.2025 passed in Cr. Misc. No. 74031 of 2024 and Cr.
Misc. No. 74115 of 2024 taking into account the nature and
gravity of the offence and statement of the minor victim girl
recorded under Sections 161 and 164 of Cr.P.C.
4. In compliance of the order dated 09.01.2026, a
report dated 13.02.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that the case is at prosecution evidence. Summons,
Bailable warrant and Non-Bailable warrant have already been
issued. It is further reported that the trial is likely to be
concluded within a period of six months.
5. Learned counsel for the petitioners submits that the
petitioners are languishing in judicial custody since 16.05.2024
without any rhymes or reason and have got no criminal
antecedent. It is further submitted that
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
7. There is no new ground to consider the bail petition
of the petitioners. From the aforesaid report, it appears that the
trial is going on.
8. In view of the above, the prayer for bail of the
Patna High Court CR. MISC. No.87205 of 2025(3) dt.26-02-2026
3/3
petitioners is again rejected with a direction to the court below
to expedite the trial and conclude the same preferably within a
period of four months from today. If the trial is not concluded
within the period of four months, as stated above, the petitioners
will be at liberty to renew their prayer before the court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…