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Patna High Court

Suleman Safi @ Md. Suleman SafiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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