Patna High Court
Md. Sahil Alam @ Md. SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96
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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