Asha Devi @ Asha KumariversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40133 of 2026
                 Arising Out of PS. Case No.-50 Year-2026 Thana- UDAKISHUNGANJ District- Madhepura
                 ======================================================
                 Asha Devi @ Asha Kumari S/o Rajesh Kumar @ Pawan Yadav R/O village -
                 Pipra Karoti, ward no 2,P.S - Udakishunganj, District - Madhepura
                                                                                 ... ... Petitioner
                                                    Versus
                 The State Of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Wasi Ahmad Khan, Advocate
                 For the Opposite Party/s :      Mr.Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending her arrest in connection with Udakishunganj P.S.

                   Case No. 50 of 2026 registered for the offences punishable

                   under Sections 69, 105, 140(1), 3(5), 103(1), 238 & 61(2) of the

                   Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. The allegation against the petitioner is to kidnap the

                   new born baby of the daughter of the informant in Sub-

                   Divisional Hospital, Udakishunganj, district – Madhepura. It is

                   alleged that when the daughter of informant was in unconscious

                   condition after given birth to a child, petitioner alongwith other

                   co-accused persons left her in same condition and taken away

                   her newly born baby and, thereafter, when she was being taken

                   in Medical College, Madhepura for better treatment, she died
Patna High Court CR. MISC. No.40133 of 2026(2) dt.23-06-2026
                                            2/3




          due to birth related complexities.

                   4. Learned counsel appearing on behalf of the petitioner

          submitted that the thrust of allegation is available against

          Rishuraj, who is the son of this petitioner. It is submitted that

          informant was aware about the relationship of his deceased

          daughter with the son of this petitioner and was also aware that

          his daughter was pregnant.

                   5.     It is submitted that son of petitioner in fact

          solemnized marriage with the daughter of the informant out of

          which she became pregnant and given birth to a child in

          Udakishunganj Sub-Divisional Hospital. It is submitted that still

          new born baby is with the family of this petitioner, who is none

          but the grand-mother. While concluding argument, it is

          submitted that petitioner claimed clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as the dispute maximum suggest the

          custody of new born baby, as discussed aforesaid, where even

          thrust of allegation is available against son of the petitioner

          namely, Rishuraj, accordingly, petitioner above-named, who is a

          lady of clean antecedent, in the event of her arrest/surrender
           Patna High Court CR. MISC. No.40133 of 2026(2) dt.23-06-2026
                                                       3/3




                     within a period of four weeks from this order, is directed to be

                     enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten

                     thousand only) with two sureties of the like amount each to the

                     satisfaction       of      learned       Chief       Judicial   Magistrate,

                     Madhepura/concerned court in connection with Udakishunganj

                     P.S. Case No. 50 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/Section 482(2) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T