Patna High CourtCR. MISC./12069/2026bail granted

Asha Devi v. The State Of Bihar

2026-03-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12069 of 2026 Arising Out of PS. Case No.-1027 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== Asha Devi W/o Arun Paswan D/o Kapildeo Paswan, R/o vill - Madhepura, Deeh Tola, Bhirkhi, ward no. 22, P.S.- Madhepura, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Madhepura P.S. Case No. 1027 of 2025 registered for the offence punishable under Sections 115(2), 126(2) and 140(3) of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the accused persons including the petitioner kidnapped the son of the informant and forced him to put vermilion in the Maang of daughter of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that that the petitioner is innocent and she has falsely been implicated in this case. The occurrence is said to have occurred on 13.11.2024 and F.I.R. was lodged on 16.10.2025 after a delay of eleven months. The petitioner never

Patna High Court CR. MISC. No.12069 of 2026(2) dt.12-03-2026 2/3 kidnapped the victim boy nor she forced the son of the informant to put sindur in her daughter's maang.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having heard the rival submissions made on behalf of the parties and having perused the allegation made in the F.I.R., though the victim in his statement has supported the prosecution story, I find that the society from which the informant and the petitioner comes, such incidence occurs and at the same time, the parties remained together, but it can be acceptable only when the girl and the boy are adult. In absence of determination of age of the victim, the petitioner who is a lady, has, prima facie, made out a case to be released on prearrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Madhepura P.S. Case No. 1027 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2)

Patna High Court CR. MISC. No.12069 of 2026(2) dt.12-03-2026 3/3 BNSS.

8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T