Patna High Court

Jakir Alam @ Jakir MiyaversusThe State of Bihar

Decided: 30 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court allowed the petition for regular bail, directing the petitioner’s release on bond.

Summary

Jakir Alam was arrested in connection with a kidnapping case under Sections 96 and 64(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act, alleged to have abducted a girl with the intention of marrying her. The petitioner had been in custody since 17 September 2025 and claimed a clean antecedent. The victim’s statement recorded under Section 183 indicated that she was in a consensual relationship with the petitioner and had voluntarily eloped to Nepal. The petitioner applied for regular bail, asserting innocence. The Court examined the victim’s statement, the nature of the alleged offence, and the petitioner’s personal circumstances, concluding that there was no immediate risk to the investigation or the victim. Accordingly, the Court granted regular bail on a bond of Rs. 10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the accused in a kidnapping and POCSO case where the victim alleges a consensual elopement.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 64(2)/3(5), 96
Protection of Children from Sexual Offences Act — s. 4, 6

Subjects

regular bail
kidnapping
POCSO
consensual elopement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2607 of 2026
                  Arising Out of PS. Case No.-184 Year-2025 Thana- Kumarbagh District- West Champaran
                 ======================================================
                 Jakir Alam @ Jakir Miya S/O Late Ibrahim Miyan @ Late Md. Ibrahim R/O
                 Village- Dubey Tola, Tirhutiya (Tikachhapar), P.S- Kumarbagh, Distt.- West
                 Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar

           2.    XYZ W/O Pitambar Mahto R/O Village- Tirhutiya Tola, Ward No. 11, P.S-
                 Kumarbagh, Distt.- West Champaran.

           3.    XXX D/O XYZ R/O Village- Tirhutiya Tola, Ward No. 11, P.S- Kumarbagh,
                 Distt.- West Champaran.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma
                 For the Opposite Party/s :       Mr .Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   30-03-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Kumarbagh P.S. Case No. 184 of 2025 registered for the offence

                   under Section(s) 96 and 64(2)/3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 4/6 of the POCSO Act.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl with the intention of

                   marrying her.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2607 of 2026(3) dt.30-03-2026
                                            2/3




          petitioner is innocent and has not committed any offence.

          Petitioner is in custody since 17.09.2025 and claims clean

          antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. From the statement

          of the victim girl, it appears that she was in relationship with the

          petitioner and had eloped with him to Nepal on her own.

                       7. Considering the aforesaid facts and circumstances

          and the statement of the victim girl recorded under Section 183

          BNSS, this application for regular bail is allowed.

                       8. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is

          pending/successor Court in connection with Kumarbagh P.S.

          Case No. 184 of 2025.

                       9. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.2607 of 2026(3) dt.30-03-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T

Continue reading with your account

Checking your session…