Patna High Court
Md. Naseer @ Md. NasirversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused for the petitioners.
Summary
The petitioners, Md. Naseer, Md. Arman and Tanjila Khatoon, sought anticipatory bail fearing arrest in a kidnapping case (PS Benipatti Case No. 314 of 2025) under Sections 137(2), 96, 115(2), 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that co‑accused Md. Farman, along with an unknown person, kidnapped the minor daughter of an informant, and that the petitioners had abused and ousted the informant when he approached Farman. The petitioners contended they were falsely implicated because of family ties to Farman and maintained a clean antecedent. The State, relying on the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita, asserted that the petitioners were also involved in the kidnapping and threatened the victim. Considering the seriousness of the allegations and the victim’s statement, the court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations of kidnapping and the victim's statement under Section 183 of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 137(2), 183, 3(5), 96
Subjects
- anticipatory bail
- kidnapping
- false implication
- victim statement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18501 of 2026
Arising Out of PS. Case No.-314 Year-2025 Thana- BENIPATTI District- Madhubani
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1. Md. Naseer @ Md. Nasir Son of Md. Mangal R/o - Gamhariya, P.S -
Benipatti, District - Madhubani
2. Md. Arman Son of Md. Naseer @ Md. Nasir R/o - Gamhariya, P.S -
Benipatti, District - Madhubani
3. Tanjila Khatoon Wife of Md. Naseer @ Md. Nasir R/o - Gamhariya, P.S -
Benipatti, District - Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Tahir son of Md. Idris R/o - Gamhariya, P.S - Benipatti, District -
Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Benipatti P. S. Case
No. 314 of 2025 registered for the offences punishable under
Sections 137(2), 96, 115(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., co-accused Md. Farman along with
one unknown accused person kidnapped minor daughter of the
informant and when informant went to the house of co-accused
Md. Farman to make complaint, these petitioners abused and
Patna High Court CR. MISC. No.18501 of 2026(2) dt.02-04-2026
2/2
ousted him.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Specific accusation of kidnapping is against co-accused Md.
Farman and petitioners have falsely been implicated in this case
merely because they are family members of co-accused Md.
Farman. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that during investigation,
victim was recovered and in her statement, recorded under
Section 183 BNSS, she has stated that these petitioners were
also involved in the kidnapping and threatened her not to
disclose the incident to anyone.
6. Considering the nature of accusation and statement
of the victim recorded under Section 183 BNSS, prayer for
anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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