Patna High Court

Sudama DeviversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is enlarged on bail.

Summary

Sudama Devi was arrested in connection with a kidnapping case (Pothia PS Case No. 15 of 2025) alleged under Sections 137(2), 140(1), 103(1) and 3(5) of the B.N.S. The prosecution alleged that Neeraj Kumar Mandal kidnapped the informant's daughter and that the petitioner was also involved. The petitioner contended that she was falsely implicated, that the FIR only named her without attributing any role, and that co‑accused persons had already been granted bail. The State opposed bail, emphasizing Neeraj Kumar Mandal’s confession to the murder of the informant’s daughter. After hearing both sides, the Court found the petitioner’s claim of innocence credible, noted the lack of prior criminal record and the precedent of bail to co‑accused, and ordered that she be released on bail with a bond of Rs.10,000 and two sureties. The order effectively enlarges the petitioner on bail.

Issues considered

Whether the petitioner, Sudama Devi, is entitled to bail in a case involving kidnapping and related offences under the B.N.S.
Whether the absence of a specific role attributed to the petitioner in the FIR and the granting of bail to co‑accused justify bail.

Legislation cited

B.N.S. — s. 103(1), 137(2), 140(1), 3(5)

Subjects

bail
kidnapping
criminal procedure
B.N.S.
co‑accused
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91352 of 2025
                          Arising Out of PS. Case No.-15 Year-2025 Thana- Pothia District- Katihar
                 ======================================================
                 Sudama Devi, W/o- Late Karmu Mandal, R/v- Khaira, PS- Pothia, Distt-
                 Katihar


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Pothia P.S. Case No. 15 of 2025 registered for the offence

                   punishable under Sections 137(2), 140(1), 103(1) and 3(5) of

                   B.N.S.

                                3. The case of the prosecution, in short, is that one

                   Neeraj Kumar Mandal has kidnapped the daughter of the

                   informant. It is further alleged that the petitioner along with

                   others were also involved in that occurrence.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. She has been falsely implicated in this
Patna High Court CR. MISC. No.91352 of 2025(2) dt.30-01-2026
                                            2/3




          case. From perusal of the F.I.R. itself it is clear that thrust of

          allegation is against Neeraj Kumar Mandal and during course of

          investigation Neeraj has confessed that he has killed the

          daughter of the informant. As far as the role of this petitioner is

          concerned, she is only named in the F.I.R., no role is attributed

          against her. It has also been submitted that similarly situated co-

          accused persons, namely, Madulwa Mandal and Pairu Mandal

          have been granted bail by this Court vide Cr. Misc. No. 72803

          of 2025 and co-accused, namely, Manti Devi has also been

          granted bail by learned Co-ordinate Bench vide Cr. Misc. No.

          62116 of 2025. The case of this petitioner stands on similar

          footing. Petitioner is having no criminal antecedent and she is

          languishing in judicial custody since 04.07.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that Neeraj Kumar Mandal has confessed the guilt and has

          stated that he has killed the daughter of the informant.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
             Patna High Court CR. MISC. No.91352 of 2025(2) dt.30-01-2026
                                                         3/3




                       of the like amount each to the satisfaction of the learned District

                       and Additional Sessions Judge-IV, Katihar in connection with

                       Pothia P.S. Case No. 15 of 2025.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T

Continue reading with your account

Checking your session…