Patna High Court
Suleman Safi @ Md. Suleman SafiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioners.
Summary
The petitioners, Suleman Safi and Anita Khatoon, applied for bail in a case registered under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, alleging kidnapping of a minor. The prosecution alleged that the petitioners abducted the informant's daughter, while the petitioners claimed innocence and a clean antecedent. The victim’s statement indicated she left her house voluntarily, supporting the petitioners' claim of no forcible abduction. Considering the victim’s statement and the petitioners’ clean record, the Court allowed the bail application. The petitioners were ordered to be released on bail of Rs. 10,000 each with two sureties of the same amount, subject to the satisfaction of the Judicial Magistrate, without prejudice to the trial’s merits.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita in view of the kidnapping allegation.
- Whether the victim’s statement that she left home voluntarily and the petitioners’ clean antecedent justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 140(3)
Subjects
- bail
- kidnapping
- minor
- Bharatiya Nyaya Sanhita
- criminal procedure
- clean antecedent
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25925 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- PIPRA District- Supaul
======================================================
1. Suleman Safi @ Md. Suleman Safi S/o Md. Shekhavat Safi R/o Village -
Dubiyahi, Lalpur, P.S. - Pipra, Dist. - Supaul.
2. Anita Khatoon @ Anita Khatun W/O Suleman Safi @ Md. Suleman R/o
Village - Dubiyahi, Lalpur, P.S. - Pipra, Dist. - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate
For the State : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Pipra
P.S. Case No. 09 of 2026 registered for the offence punishable
under Sections 137(2) and 140(3) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, the petitioners are said
to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. The petitioners are in custody since 27.01.2026 having
clean antecedent.
Patna High Court CR. MISC. No.25925 of 2026(2) dt.20-04-2026
2/2
5. From the statement of the victim girl, it appears that
the she had left her house on her own.
6. Considering the statement of the victim girl and the
clean antecedent of the petitioners, this application is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Supaul/ concerned
Court in connection with Pipra P.S. Case No. 09 of 2026.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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