Patna High Court
Md Vasim @ Vasim AhamedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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
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satisfaction of the learned Court concerned where the case is
pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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