Patna High Court
Md. Mustakim @ Md. MustaquimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to bail as the alleged victim was a consenting adult and the petitioner had no prior criminal record.
Summary
The petitioner, Md. Mustakim, was charged under Sections 137(2), 96 and 3(5) of the B.N.S. for allegedly abducting the minor daughter of an informant. The prosecution alleged that the petitioner and co‑accused kidnapped the girl while she was out of her house. The petitioner contended that the girl, now aged 20‑21, voluntarily went to Surat and was in love with him, as recorded under Section 183 of the B.N.S.S., and that he was falsely implicated. The defence highlighted the victim’s consent, the medical report confirming her adult age, and the petitioner’s clean criminal record and limited period of custody since 15‑Nov‑2025. The State opposed bail. Considering the victim’s consent, the petitioner’s lack of prior convictions and the custody period, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner given the alleged kidnapping charges and the victim’s claim of consent.
Legislation cited
Subjects
- bail
- kidnapping
- consent
- criminal procedure
- B.N.S.
- B.N.S.S.
- adult victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10545 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Md. Mustakim @ Md. Mustaquim Son of Md. Mukhtar @ Mohammad
Mokhtar R/o Village - Anpatti, P.S - Ashok Paper Mill, Dist. - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rukmani Devi Wife of Dileep Pandit R/o Village - Sidholi, P.S. - Ashok
Paper Mill, Dist. - Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ashok Paper Mill P.S.
Case No. 75 of 2025 registered for the offences punishable
under Sections 137(2), 96 and 3(5) of the B.N.S.
3. As per the prosecution case, the minor daughter of
the informant went out of her house to ease herself and the
informant was also behind her. At the moment, the petitioner
along with other co-accused suddenly arrived on a bike,
abducted the daughter of the informant and fled away.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the statement of the
Patna High Court CR. MISC. No.10545 of 2026(3) dt.01-04-2026
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victim girl was recorded under Section 183 of B.N.S.S., wherein
she has clearly stated that she was in love with the petitioner and
she was not kidnapped rather she had went to Surat, Gujarat, out
of her own sweet will. It has also been submitted that as per the
medical report, the victim appears to be major one and at the
time of alleged occurrence, her age was between 20-21 years. It
has lastly been submitted that the petitioner has clean criminal
antecedent and is in custody since 15.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts that the victim is a
consenting party and also considering the period of custody, let
the petitioner above-named, be enlarged on bail on furnishing
bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court concerned, Darbhanga, in connection with Ashok Paper
Mill P.S. Case No. 75 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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