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Patna High Court

Md Vasim @ Vasim AhamedversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Md Vasim, was arrested in connection with a case alleging kidnapping of a woman for the purpose of marriage. The victim later gave a statement under Section 183 of the BNSS, asserting that she left home voluntarily and married the petitioner. The petitioner, who has no prior criminal record, applied for bail under Sections 137(2), 96 and 3(5) of the BNS, 2023. The State opposed bail, claiming the petitioner had allured and taken the victim away. Considering the victim’s voluntary statement, the petitioner’s clean record, and the length of custody, the Court ordered bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be communicated to the trial court where the case is pending.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 137(2), 96 and 3(5) of the BNS, 2023 in a kidnapping‑for‑marriage case.
  • Whether the victim’s statement under Section 183 of the BNSS negates the allegation of kidnapping and justifies bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • marriage
  • love relationship
  • victim statement
  • Section 183
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69895 of 2025
                   Arising Out of PS. Case No.-65 Year-2025 Thana- JHANJHARPUR District- Madhubani
                 ======================================================
                 Md Vasim @ Vasim Ahamed Son of Md. Tahir Ansari R/o Village -
                 Machhadhi, P.S. - Jhanjharpur, Dist. - Madhubani.


                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kamlesh Saday Son of Late Bechan Saday Resident of Village- Sundar
                 Biharpur, P.S.- Madhepur, Madhubani
           3.    Shikha Kumari Daughter of Kamlesh Saday Resident of Village- Sundar
                 Biharpur, P.S.- Madhepur, Madhubani



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Hriday Narayan Harshit, Adv.
                 For the Opposite Party/s :      Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   26-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State. No one appears on behalf of opposite party

                   no.2 despite valid service of notice.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Jhanjharpur P.S. Case no.65 of

                   2025 registered under sections 137(2), 96 and 3(5) of BNS,

                   2023.

                                3. Allegation in the F.I.R is that petitioner kidnapped

                   the informant’s daughter for the purpose of marriage.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.69895 of 2025(6) dt.26-02-2026
                                            2/3




          the present case arises out of love relationship between the

          petitioner and the victim. After the recovery of the victim, her

          statement was recorded under Section 183 of BNSS wherein she

          has stated that she left her house out of her own free will with

          the petitioner and they went to several places by using public

          transport and finally got married at Maharastra. She was living

          happily with the petitioner and upon coming to know that her

          parents had lodged the present case, she returned with the

          petitioner. The petitioner is in custody since 17.07.2025 and has

          no criminal antecedent. He undertakes to cooperate in the

          case/trial.

                        5. The application for bail is opposed by learned

          A.P.P. for the State on the ground that the petitioner had allured

          the victim and had taken her away.

                        6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the statement of

          the victim given under Section 183 of BNSS and not putting any

          allegation on the petitioner coupled with the fact that petitioner

          is in custody since 17.07.2025, the petitioner is directed to be

          enlarged on bail in connection with Jhanjharpur P.S. Case no.65

          of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.69895 of 2025(6) dt.26-02-2026
                                                          3/3




                        satisfaction of the learned Court concerned where the case is

                        pending/successor Court.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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