Patna High Court

IMRAN ALAM @ MD. IBRAN ALAMversusThe State of Bihar

Decided: 30 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The court refused bail, holding that the seriousness of the alleged kidnapping and sexual exploitation, supported by the victim’s statement and medical evidence, warrants continued custody.

Summary

The petitioner, Imran Alam, sought bail for alleged kidnapping of a 14‑year‑old girl for marriage, charged under Sections 137(2) and 87 of the Bharatiya Nyay Sanhita, 2023. The prosecution, supported by the informant’s statement recorded under Section 183 BNSS and a medical report, alleged sexual exploitation of the victim. The petitioner claimed a clean antecedent and that the FIR was fabricated. The court examined the seriousness of the allegations, the victim’s recorded statement, and the medical evidence. Concluding that the charges were grave and the victim’s testimony credible, the court refused bail. The petition for bail was therefore dismissed.

Issues considered

Whether bail should be granted to the petitioner under Sections 137(2) and 87 of the Bharatiya Nyay Sanhita, 2023 in a kidnapping‑for‑marriage case.
Whether the victim’s statement under Section 183 BNSS and the medical report indicating sexual exploitation justify continued detention.
Whether the petitioner’s claim of a fabricated FIR and clean antecedent outweighs the seriousness of the alleged offences.

Legislation cited

Bharatiya Nyay Sanhita, 2023 — s. 137(2), 183, 87
Protection of Children from Sexual Offences (POCSO) Act

Subjects

bail
kidnapping
child marriage
sexual exploitation
Bharatiya Nyay Sanhita
POCSO Act
criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.12345 of 2026
                       Arising Out of PS. Case No.-197 Year-2025 Thana- GURARU District- Gaya
                ======================================================
                IMRAN ALAM @ MD. IBRAN ALAM S/o- Salikh Khan @ Safhik Shah
                R/v- Barorah Ps- Guraru Dist- Gaya JI      ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar
           2.    ABC S/O-XYZ R/O-Sudarshan Bigha, PS-Guraru, Dist-Gaya, Bihar
                                                                ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :       Mr. Surendra Kumar Singh, Advocate
                                         :       Ms. Rushali, Advocate
                For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                For the Informant        :       Mr. Ashok Kumar Singh, Advocate
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                      ORAL ORDER

3 30-04-2026                       Heard Mr. Surendra Kumar Singh, learned counsel

                for the petitioner, Mr. Damodar Prasad Tiwary, learned A.P.P. for

                the State and Mr. Ashok Kumar Singh, learned counsel for the

                Informant.

                                2. The petitioner seeks bail, who is in custody since

                24.08.2025 in connection with Guraru P.S. Case No. 197 of 2025,

                FIR dated 12.08.2025 registered for the offence under Section

                137(2) and 87 of the Bharatiya Nyay Sanhita, 2023.

                                3. According to the prosecution case, the informant

                alleged that the petitioner kidnapped his daughter, aged about 14

                years, for the purpose of marriage.

                                4. Learned counsel appearing for the petitioner

                submits that the petitioner has clean antecedent and he has falsely
            Patna High Court CR. MISC. No.12345 of 2026(3) dt.30-04-2026
                                                        2/2




                  been implicated in this case. He further submits that the allegation

                  as alleged in the F.I.R. is false and fabricated and the petitioner has

                  not committed any offences as alleged in the F.I.R. and the

                  petitioner is rotting in judicial custody since 24.08.2025.

                                   5. Learned A.P.P. for the State and learned counsel for

                  the Informant, on the other hand, have vehemently opposed the

                  prayer for bail of the petitioner and submits that victim was

                  recovered and her statement was recorded under Section 183

                  BNSS, in which she has categorically stated that the petitioner had

                  committed wrong with her and medical report of the victim also

                  suggest that she has been sexually exploited by the petitioner.

                                   6. Considering the facts and circumstances of the

                  case, I am not inclined to enlarge the petitioner on bail in

                  connection with Guraru P.S. Case No. 197 of 2025, pending in the

                  Court of Exclusive Special Judge, POCSO Act, Gaya ji-cum-

                  Additional District and Sessions Judge-VII, Gaya ji.

                                7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T

Continue reading with your account

Checking your session…