Patna High Court
Brahmeshwar UpadhyaversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to regular bail on the charges of kidnapping.
Summary
Petitioners Brahmeshwar Upadhya and Sanjana Tiwari were arrested for allegedly kidnapping the daughter of an informant and taking her to Ara Junction, where the victim was left with the second petitioner for a purported marriage. The victim later gave a statement under Section 183 of the BNSS, but no allegation of sexual assault was made and she was recovered by her parents. The petitioners, who have been in custody since 17 September 2025 and have no prior criminal record, sought regular bail under Sections 137(2), 87 and 3(5) of the BNS. The State opposed the bail application. The Court, noting the absence of a sexual assault allegation, the victim’s recovery, and the petitioners’ clean antecedents, ordered that both be released on bail upon furnishing a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping case where no sexual assault is alleged and the victim has been recovered.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 137(2), 3(5), 87
Subjects
- kidnapping
- regular bail
- criminal procedure
- victim recovery
- no sexual assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11442 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- BARHARA District- Bhojpur
======================================================
1. Brahmeshwar Upadhya Son of Sighasan Upadhya Resident of Village-
Chhinegaon, P.S.- Sinha, District - Bhojpur.
2. Sanjana Tiwari @ Sanjana Kumari D/o Bacha Tiwari @ Gautam Tiwari R/o
Village - Baghakol, Tetariya, P.S. - Dhoban, Dist. - Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Malti Kumari
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 04-05-2026 Heard learned counsel for the parties.
2 The petitioner seeks regular bail in a case registered
for the offence punishable under Sections 137 (2), 87, 3 (5) of
the BNS.
3 The prosecution case, in short, is that petitioner No
1 kidnapped the daughter of the informant. During the course of
investigation, the victim has given her statement under Section
183 of the BNSS wherein she has stated that Brahmeshwar
Upadhya, petitioner No 1 along with one Bhim Manjhi
kidnapped her and took her to Ara Junction. Petitioner No 1 left
the victim with petitioner No 2 who is involved in prostitution.
Petitioner No 2 told her to follow her to Civil Court where she
Patna High Court CR. MISC. No.11442 of 2026(5) dt.04-05-2026
2/2
has to perform marriage with Brahmeshwar Upadhya, petitioner
No 1. As they reached the Station, Barhara Police Team came
and took them to the Police Station.
4 Learned counsel for the petitioner submits that only
allegation is that petitioner No 1 has taken away the daughter of
the informant and kept her with petitioner No 2. There is no
allegation of any sexual assault on the victim. Moreover, the
victim has been recovered and she is with her parents.
Petitioners are in custody since 17.09.2025 having no criminal
antecedent.
5 Learned APP appearing for the State has
vehemently opposed the prayer for bail.
6 Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail on each of them furnishing bonds of Rs 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned CJM, Bhojpur at Ara in Barhara PS Case
No 169 of 2025.
(Ashok Kumar Pandey, J)
M.E.H./-
U T
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