Patna High Court

AFSAR ALAMversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Given the victim’s voluntary statement under Section 183 B.N.S.S. and the petitioner’s clean antecedents, the court held that anticipatory bail should be granted.

Summary

The petitioner, Afsar Alam, was accused of kidnapping under Sections 96 and 3(5) of the Bhartiya Nyaya Sanhita after an informant alleged his daughter was taken to Delhi by the petitioner. The victim later gave a statement under Section 183 of the Bhartiya Nyaya Sanhita, denying any kidnapping and stating she went to Delhi and married the petitioner of her own free will. The petitioner, claiming innocence and a clean antecedent, applied for anticipatory bail. The State opposed the bail, but the court considered the victim’s voluntary statement and the petitioner’s clean record. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita in view of the victim’s statement denying kidnapping.
Whether the allegations under Sections 96 and 3(5) of the Bhartiya Nyaya Sanhita justify denial of anticipatory bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 183, 3(5), 96

Subjects

anticipatory bail
kidnapping
victim consent
clean antecedents
criminal procedure
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17001 of 2026
                    Arising Out of PS. Case No.-6 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 AFSAR ALAM Son of Jaan Mohammad Miyan R/O Village - Dube Tola
                 Bahas, P.S.- Sagauli, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Anil Kumar, Advocate
                 For the State           :        Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 96 and 3(5) of the

                   Bhartiya Nyaya Sanhita.

                                3. As per F.1.R., on 28-02-2024 at around 12:00 noon,

                   informant's daughter was allegedly taken away by this petitioner

                   to Delhi and when informant went to house of this petitioner to

                   enquire about whereabout of his daughter, all the F.I.R. named

                   accused persons, abused and assaulted him. It is further alleged

                   that on 21.02.2024, this petitioner brought back daughter of

                   informant to her home, but she did not disclose anything about

                   the incident and when informant again approached the house of
Patna High Court CR. MISC. No.17001 of 2026(2) dt.29-04-2026
                                            2/3




          the petitioner, he was threatened with dire consequences by all

          the accused persons.

                       4. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has committed no offence.

          During investigation, the victim appeared and in her statement

          recorded under Section 183 B.N.S.S., she has denied the factum

          of kidnapping and has specifically stated that she went to Delhi

          with this petitioner and got married with him out of her own

          sweet will. The learned Court below has assessed the age of

          victim, as 19 years. Petitioner claims clean antecedent.

                       5. Learned A.P.P. for the State has opposed the bail

          petition.

                       6. Considering the facts and circumstances of the

          case, statement of the victim recorded under Section 183 of the

          B.N.S.S. and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                       7. Accordingly , let the above named petitioner, in the

          event of his arrest/surrender within a period of eight weeks from

          today, be enlarged 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 Judicial Magistrate First

          Class, Motihari, District- East Champaran in connection with
             Patna High Court CR. MISC. No.17001 of 2026(2) dt.29-04-2026
                                                         3/3




                       Sagauli P.S. Case No. 06 of 2025, subject to condition as laid

                       down under Section 482 of the Bhartiya Nagrik Suraksha

                       Sanhita, 2023.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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