Patna High Court
Salman MiyaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that the seriousness of the allegations and the corroborative evidence warranted the denial of regular bail.
Summary
The petitioner, Salman Miya, was arrested in connection with an FIR alleging kidnapping, child marriage, and sexual assault of a minor girl, invoking Sections 87 and 3(5) of the BNS. He claimed he was falsely implicated due to village politics and that the victim’s statement under Section 183 of the BNSS indicated she went with him voluntarily. The State opposed bail, presenting the victim’s birth certificate showing she was about 15, and citing corroborative witness testimony. The court examined the FIR, case diary, and the victim’s statement, finding the allegations serious and the evidence sufficient to deny bail. Consequently, the petition for regular bail was rejected.
Issues considered
- Whether the petitioner is entitled to regular bail pending trial for offences under Sections 87 and 3(5) of the BNS involving kidnapping and sexual assault of a minor.
- Whether the victim’s statement under Section 183 of the BNSS negates the element of kidnapping and consent.
Legislation cited
- Bihar Negotiable Statutes (BNSS) — s. 183
- Bihar Penal Code (BNS) — s. 3(5), 87
Subjects
- bail
- kidnapping
- child marriage
- rape
- minor
- false implication
- political vendetta
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22491 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Salman Miya, aged about 24 years (Male) Son of Saheb Miya @ Ibrahim
Miya @ Ibrahim Mian, Resident of village - Amarpura, P.S.- Mohammadpur,
Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 19-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode, perused the case diary
and also perused the statement of the victim girl recorded under
Section 183 of the BNSS.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 87 and 3(5) of the BNS.
3. As per allegation in the FIR, petitioner and other
co-accused persons abducted the minor daughter of the
informant with an intention to marry her.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to dirty
village politics. He next submits that the victim has recorded the
statement under Section 183 of the BNSS and stated that she
went with the petitioner on her own sweet will, he has got clean
antecedent as stated in para-3 of the petition and he is in custody
Patna High Court CR. MISC. No.22491 of 2026(3) dt.19-05-2026
2/2
since 20.11.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the petitioner is direct
involvement for kidnapping of the minor daughter of the
informant.
6. On perusal of the first information report, case
diary, impugned order dated 11.03.2026 and in para-24 of the
case diary, containing birth certificate of the victim issued by
Head-master of school, in which, date of birth of the victim is
mentioned as 22.05.2010 from which, victim is aged about 15
years and further alleged that the petitioner has performed her
marriage with minor girl and also having sexual relationship
with the minor girl to constitute an offence of rape, the case is
pending for evidence and several other witnesses have also
supported the case of the prosecution, so I am no inclined to
grant regular bail of the petitioner.
7. Prayer for regular bail of the petitioner is hereby
rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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