Patna High Court
Md. Israfil @ IsrafilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner, finding no case of kidnapping.
Summary
The petitioner, Md. Israfil, was arrested in connection with a case alleging kidnapping of a 15-year‑11‑month‑old girl under Section 96 of the Bharatiya Nyaya Sanhita and Section 12 of the POCSO Act. The girl’s statement under Section 183 BNSS indicated she left home of her own free will, and there was no allegation that the petitioner enticed her. The petitioner, who has no prior criminal record, sought bail, while the State opposed the application. Relying on the judgment in S. Varadarajan v. State of Madras (AIR 1965 SC 942), the court found no basis to deem the conduct kidnapping and was inclined to grant bail. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, noting the observations were prima facie and not a determination on the merits.
Issues considered
- Whether the alleged conduct constitutes kidnapping under Section 96 of the BNSS and Section 12 of the POCSO Act
- Whether the petitioner is entitled to bail pending trial
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 96
- Protection of Children from Sexual Offences Act — s. 12
Subjects
- bail
- kidnapping
- POCSO Act
- BNSS
- voluntary leaving
- prima facie
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11693 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Md. Israfil @ Israfil S/O Md. Jabbar Resident of Village- Lasanpur, Dogharia,
ward no. 09, P.S- Dagarua, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX S/O YYY R/O Farakia, Near Khirdaha Pul, P.S- Dagarua, Distt.-
Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim, Adv.
For the State : Mr.Rabindra Kumar, APP
For the Opposite Party No.2 : Mr.Manish Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 05-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Dagarua
P.S. Case No. 423 of 2025 instituted for the offences under Section
96 of the Bharatiya Nyaya Sanhita and Section 12 of POCSO Act.
3. The allegation is that the petitioner kidnapped the
daughter fo the informant. The girl no doubt was aged about 15 years
and 11 months at the time of occurrence and the boy is aged about 25
years. In her statement under Section 183 of BNSS, the girl has
stated that she had left the house at her own free will.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the present
case. The petitioner is in custody since 17.11.2025 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.
Patna High Court CR. MISC. No.11693 of 2026(4) dt.05-05-2026
2/2
6. It seems that there is no allegation that the petitioner
had any role to play in the girl leaving the house. Thus, this is not a
case of enticing away the girl. In terms of judgment of S
Varadarajan vs. State of Madras reported in AIR 1965 SC 942 no
case of kidnapping is made out against the petitioner. Thus, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions Judge-
VII-cum-Special Judge POCSO),Purnea/concerned Court in
connection with Dagarua P.S. Case No. 423 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations shall
not be construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Ansul, J)
abhishekkr/-
U T
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