Patna High Court
Kanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, holding that the circumstances did not warrant continued detention.
Summary
The petitioner, Kanti Devi, was named in an FIR (Kesariya P.S. Case No. 375 of 2024) alleging offences under Sections 87 and 3(5) of the BNS, related to the alleged kidnapping of a young woman who was later found to be a major and had voluntarily married a co‑accused. The petitioner contended that she merely acted as a communication bridge between the victim and the co‑accused and has a clean antecedent. The State opposed the bail application, arguing the seriousness of the alleged offences. The Court, noting that the victim was an adult who had voluntarily married the co‑accused and that the petitioner was a woman of clean antecedent, held that bail was appropriate. Accordingly, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Sections 87 and 3(5) of the BNS.
- Whether the facts showing the victim as a major and the petitioner’s clean antecedent justify the grant of bail.
- Whether Section 482(2) of the BNSS can be invoked to impose conditions on the bail.
Legislation cited
Subjects
- bail
- kidnapping
- missing person
- marriage
- clean antecedent
- Section 482
- criminal procedure
- petition for bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36625 of 2025
Arising Out of PS. Case No.-375 Year-2024 Thana- KESARIA District- East Champaran
======================================================
Kanti Devi W/o - Tenu Sahani @ Nand Kishor Sahani Village- Fultakiya
W.No-3, Ps- Kesariya Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Adv.
For the Opposite Party/s : Mr. Navin Kr Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 22-01-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kesariya P.S. Case
No. 375 of 2024 registered for the offences punishable under
Sections 87, 3(5) of BNS.
3. As per FIR, the daughter of informant aged about
18 years was found missing since 12.11.2023. Informant raised
her suspicion being mother that the petitioner alongwith other
named co-accused person might be involved in missing/
kidnapping of her daughter.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that admittedly the victim was major and
after recovery she stated that she went to Chennai with co-
accused Prem Kumar, where they lived together for two months
and thereafter solemnized marriage with him. It is pointed out
that as the main co-accused was from paternal village of this
Patna High Court CR. MISC. No.36625 of 2025(4) dt.22-01-2026
2/2
petitioner, she only act like a bridge for communication between
the daughter of informant and Prem Kumar who were in love.
While concluding argument, it is submitted that petitioner is a
lady of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as victim prima-facie being major solemnized
marriage with Prem Kumar, coupled with the fact that petitioner
is a lady of clean antecedent, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, East Champaran, Motihari
/concerned Court, where the case is pending in connection with
Kesariya P.S. Case No. 375 of 2024, subject to the conditions
as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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