Patna High Court
Md. Wasim @ Salman @ Md. Salman @ Md. Wasik @ Salman @ Mohammad WasifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Since the minor left home voluntarily and the petitioner has a clean antecedent, bail is granted.
Summary
The petitioner, Md. Wasim, was arrested in connection with a case under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita alleging kidnapping of a 16‑year‑old girl who allegedly eloped with him. The prosecution’s informant claimed the girl was taken away, but the girl’s statement recorded under Sections 180 and 183 of the BNSS indicated she left home voluntarily. The court noted that the minor’s consent is immaterial for kidnapping, but her voluntary departure negated the element of abduction. The petitioner had no prior criminal record and had already been in custody since 29‑07‑2025. Considering these facts, the court granted bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner can be held liable for kidnapping under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita when the minor left home voluntarily.
- Whether bail should be granted to the petitioner given the nature of the offence and his clean antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 180, 183, 87
Subjects
- bail
- kidnapping
- minor
- Bharatiya Nyaya Sanhita
- criminal procedure
- consent
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24703 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- PANDARAK District- Patna
======================================================
Md. Wasim @ Salman @ Md. Salman @ Md. Wasik @ Salman @
Mohammad Wasif S/O Md. Haider R/O Vill- Pakki Gali, Betwan Bazar, Ward
no.33, P.O.- Munger, P.S- Kasimbazar, Dist- Munger, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjum Perveen
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pandarak PS Case No. 129 of 2025 instituted for the offence
punishable under Sections 137 (2)/87 of the Bharatiya Nyaya
Sanhita pending in the Court of learned Additional Chief
Judicial Magistrate I, Barh, Patna.
3. The prosecution case is that the informant lodged
information with the allegation that his daughter, aged about 16
years, eloped from the house with the petitioner who is aged
about 21 years. The impugned order shows that the statement of
the girl was recorded under Sections 180 and 183 of the BNSS
where she seems to have stated that she left the house by
Patna High Court CR. MISC. No.24703 of 2026(2) dt.16-04-2026
2/2
herself. Though the girl is minor and her consent is immaterial
but the fact remains that she left the house on her own and, thus,
the petitioner cannot be made accused of kidnapping. The
petitioner is in custody since 29.07.2025 with no criminal
antecedent.
4. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
5. Considering the aforesaid facts and
circumstances of the case, clean antecedent of the petitioner and
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
6. Let the petitioner be released on bail on
furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pandarak PS Case
No. 129 of 2025.
(Ansul, J)
M.E.H./-
U T
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