Nisha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36083 of 2026 Arising Out of PS. Case No.-80 Year-2024 Thana- Tetiyabumber District- Munger ====================================================== Nisha Devi Wife of Rahul Singh @ Rahul Kumar Resident of VillageDharampur, P.S.- Shambhuganj, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Dr. Manoj Kumar, Advocate For the State :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 137(2) and 140(3) of B.N.S..
3. As per prosecution case, the informant alleged that his son, namely Rohit Kumar, went out on motorcycle but did not return. Despite search, he could not be found. Informant suspects that all the F.I.R. named accused persons, inculding this petitioner, kidnapped his son.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case. Informant is not an eye witness to the occurrence and petitioner has falsely been implicated in this case merely on
Patna High Court CR. MISC. No.36083 of 2026(3) dt.21-07-2026 2/3 suspicion. Moreover, the present F.I.R. has been lodged after inordinate delay of four days and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. Save and except suspicion there is no direct or indirect material to show the complicity of this petitioner in the alleged offence. It is further submitted that similarly situated co-accused persons have already been granted privilege of bail by Co-ordinate Benches of this Hon'ble Court vide orders dated 13.08.2025 passed in Cr. Misc. No. 24454 of 2025, 03.09.2025 passed in Cr. Misc. No. 29052 of 2025, 07.10.2025 passed in Cr. Misc. No. 55250 of 2025 and 26.02.2026 passed in Cr. Misc. No. 68642 of 2025. Charge-sheet has already been submitted and petitioner, who is a lady and is having no criminal antecedents, is in custody since 29.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstance of the case, general and omnibus nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.36083 of 2026(3) dt.21-07-2026 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Munger in connection with Tetiya Bamber P.S. Case No. 80 of 2024. (Prabhat Kumar Singh, J) shashank/- U T