Patna High Court
Md. Mister @ Md. JavedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Md. Javed, was arrested in connection with a kidnapping case (PS case No.118 of 2025) alleged under several sections of the Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act. The prosecution alleged that the accused kidnapped the informant’s daughter. The petitioner contended that he was falsely implicated and was not present at the scene. The victim’s statement recorded under Section 183 of the BNSS indicated that she made no allegation against the petitioner. Considering the lack of any accusation by the victim and the petitioner's claim of innocence, the Court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita and the POCSO Act
- Whether the absence of any allegation by the victim against the petitioner warrants the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 140(3), 315, 3(5), 351(2), 352, 64, 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- bail
- kidnapping
- false implication
- victim non‑allegation
- BNSS
- POCSO
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.284 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Md. Mister @ Md. Javed S/O Jahebul R/O Village- Dharhara, P.S-
Andhramath , Distt.- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Kumari D/O Prem Kumar Mandal R/O Village- Neor, Panchayat-
Jiroga, Ward No.11, P.S- Andramath, Distt.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the State : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Andramath P.S. Case No. 118 of 2025 registered for the offence
punishable under Sections 140(3), 96, 315, 64, 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita and Section 4 of the
POCSO Act.
3. As per the prosecution case, the accused persons
had kidnapped the daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and the petitioner was not even present on the spot.
Patna High Court CR. MISC. No.284 of 2026(4) dt.25-03-2026
2/2
5. The petitioner is in custody since 28.07.2025.
6. Learned APP appearing for the State and learned
counsel for the informant have vehemently oppposed the prayer
for regular bail of the petitioner.
7. From the statement of the victim recorded under
Section 183 of the BNSS, it appears that she has not made any
allegation against the petitioner.
8. Considering the submissions of learned counsel for
the petitioner and the fact that the victim girl has not made any
allegation against the petitioner, this application is allowed.
9. 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
Addtiional Sessions Judge- VIIth-cum-Special Judge, POCSO,
Madhubani/ concerned Court in connection with Andramath P.S.
Case No. 118 of2025.
(Sandeep Kumar, J)
P. Kumar
U T
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