Patna High Court
Md. Naushad @ Md. Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail cannot be granted where the offence is grave and the victim's statement under Section 183 BNSS supports the prosecution.
Summary
The petitioner, Md. Naushad, was implicated in an FIR alleging kidnapping and rape of the informant's daughter, offences punishable under Sections 137(2), 64 and 3(5) of the Bharatiya Nyaya Sanhita. The victim’s statement, recorded under Sections 180 and 183 BNSS, corroborated the prosecution’s case. The petitioner applied for anticipatory bail, fearing arrest in the case (PS Amour No. 469 of 2025). The Court examined the seriousness of the alleged crimes and the victim’s recorded testimony. Considering the gravity of the offences and the strength of the victim’s statement, the Court refused the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged kidnapping and rape offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 180, 183, 3(5), 64
Subjects
- anticipatory bail
- kidnapping
- rape
- Bharatiya Nyaya Sanhita
- gravity of offence
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12348 of 2026
Arising Out of PS. Case No.-469 Year-2025 Thana- AMAUR District- Purnia
======================================================
Md. Naushad @ Md. Naushad Alam S/o- Md. Naeem R/o- Majhua hat PS-
Amour Distt- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
For the Informant : Mr. Bipin Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Amour P. S. Case
No. 469 of 2025 registered for the offences punishable under
Sections 137(2), 64, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner with the help of other
accused persons kidnapped the daughter of informant and
committed rape with her. Victim in her statement, recorded
under Sections 180 & 183 BNSS, has supported the prosecution
case and has categorically stated that this petitioner with the
help of other accused persons kidnapped her and thereafter
confined her in a room and committed rape with her and then on
22.10.2025, he left the victim and flew away.
Patna High Court CR. MISC. No.12348 of 2026(2) dt.24-02-2026
2/2
4. In view of the gravity of the offence and statement
of the victim recorded under Section 183 BNSS, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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