Nisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44743 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- BANMANKHI District- Purnia ====================================================== Nisha Kumari D/o Dilip Kumar Sah R/o Village- Mohania Purbi Tola, Ward No. 5, P.S.- Banmankhi and District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Banmakhi P.S. Case No. 104 of 2025 instituted for the offences under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the informant's son Ankit Kumar was found dead in a nearby field after being called out of his house by unknown persons.

4. Learned counsel for the petitioner submitted that the petitioner is an innocent lady and has falsely been implicated in

Patna High Court CR. MISC. No.44743 of 2025(3) dt.17-09-2025 2/3 the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Karnvir @ Saroj in which he stated that there was illicit relationship of the deceased with the petitioner and her brothers have killed the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that the specific material cropped up during the investigation is against the brother of the petitioner and so far as this petitioner is concerned, she is being dragged merely on the basis of suspicion. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.04.2025 and has no criminal antecedent.

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 being lady having no direct material against her as also the period of custody undergone by her, 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

Patna High Court CR. MISC. No.44743 of 2025(3) dt.17-09-2025 3/3 below/concerned Court in connection with Banmakhi P.S. Case No. 104 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T