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Patna High Court

Md. Sahil Alam @ Md. SahilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

The petitioner, Md. Sahil Alam, was arrested in connection with a kidnapping case (Gwalpara P.S. Case No. 195 of 2025) under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he lured and abducted a girl, while the petitioner claimed innocence and a clean record. The victim’s statement recorded under Section 183 of the same Act indicated that she had voluntarily eloped with the petitioner. The petitioner applied for regular bail, arguing that the alleged conduct did not constitute kidnapping. After considering the victim’s statement and the circumstances, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, and clarified that the observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the kidnapping allegations under the Bharatiya Nyaya Sanhita.
  • Whether the victim’s statement of voluntary elopement negates the elements of kidnapping under Sections 137(2), 96 and 3(5).

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • elopement
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27624 of 2026
                    Arising Out of PS. Case No.-195 Year-2025 Thana- GWALPARA District- Madhepura
                 ======================================================
                 Md. Sahil Alam @ Md. Sahil S/o Md. Kasim @ Md. Kasim Alam R/o Village
                 - Gwalpara, Ward No. 4, P.S - Gwalpara, District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nafisuzzoha
                 For the Opposite Party/s :      Ms. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Gwalpara P.S. Case No. 195 of 2025 registered for the offence

                   under Section(s) 137(2), 96 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is alleged

                   to have kidnapped the victim girl by luring her.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 19.12.2025 and has clean

                   antecedent.

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

                   opposed the prayer for bail.
            Patna High Court CR. MISC. No.27624 of 2026(2) dt.28-04-2026
                                                        2/2




                                   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 recorded under Section 183 BNSS, it appears

                      that she had eloped with the petitioner on her own.

                                   7. Considering the aforesaid facts and circumstances,

                      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 Gwalpara P.S. Case

                      No. 195 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

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

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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