Patna High Court

Ashamita Devi @ Ashmita DeviversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

Ashamita Devi was arrested in a kidnapping case under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023 after a minor girl, the informant’s daughter, failed to return from school. The informant alleged that the petitioner had allured and abducted the girl. The petitioner’s counsel argued that the girl had left home voluntarily to attend a Kumbh Asnan, as reflected in her statement under Section 183 BNSS, and that the petitioner had no prior criminal record and had been in custody since 9 March 2025. The State opposed bail, contending the seriousness of the offences. Considering the lack of evidence of force, the voluntary nature of the girl’s departure, and the length of custody, the Court granted bail on a bond of Rs 15,000 with two sureties. The petitioner was ordered to be released on bail.

Issues considered

Whether bail should be granted to the accused in a kidnapping case under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of the alleged offence.
Whether the voluntary statement of the minor under Section 183 BNSS negates the necessity of continued detention.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 183

Subjects

bail
kidnapping
false implication
voluntary disappearance
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72563 of 2025
                   Arising Out of PS. Case No.-30 Year-2025 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Ashamita Devi @ Ashmita Devi W/O Manoj Sardar @ Manoj Kumar
                 Resident of village- Daprakha, Ward no.4, P.S.- Triveniganj District- Supaul

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Shankarpur P.S. Case No. 30 of 2025 instituted for the offences

                   under Sections         137(2) and 140(3) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Prosecution case, in short, is that on 11.02.2025

                   minor daughter of the informant went to school at Tengraha and

                   did not return. The informant suspected that Asamita Devi

                   (Petitioner) had allured his daughter and kidnapped her.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. He

                   further submitted that victim went for Kumbh Asnan and she did

                   not inform her parents. Learned counsel for the petitioner
           Patna High Court CR. MISC. No.72563 of 2025(3) dt.13-01-2026
                                                       2/2




                     submits that general and omnibus allegation has been made

                     against the petitioner. He further submitted that victim in her

                     statement recorded under Section 183 BNSS has stated that she

                     left her house on her own sweet will. He further submitted that

                     victim has not stated anything regarding any forceful

                     compulsion to left the house. It has been submitted on behalf of

                     the petitioner that the petitioner is in custody since 09.03.2025

                     and has got 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, as also the period of custody undergone by the

                     petitioner, 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

                     below/concerned Court in connection with Shankarpur P.S.

                     Case No. 30 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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