Patna High Court
Md. MurshidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the victim’s statement under section 183, which did not support the prosecution and raised counter‑allegations, warranted the grant of regular bail to the petitioner.
Summary
The petitioner, Md. Murshid, was arrested in connection with a kidnapping alleged to be for the purpose of child marriage, under sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that the FIR was false and that the victim’s statement recorded under section 183 did not support the prosecution, instead implicating the informant. The victim’s statement, along with the petitioner’s prolonged custody since 22‑10‑2025, was examined by the court. The State opposed bail, but the court found the victim’s non‑supportive statement material. Consequently, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the victim’s statement under section 183 of the BNSS, which does not support the prosecution, negates the necessity of continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96
Subjects
- bail
- kidnapping
- child marriage
- false implication
- victim statement
- criminal procedure
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29304 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- Bhararhi District- Madhepura
======================================================
Md. Murshid S/O Md Jumman R/O Village- Lelin Nagar, Ward No.-04, P.S.-
Madhepura (Bharrahi), Dist.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bhararhi P.S. Case no. 3
of 2025 registered under sections 137(2), 96 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023
3. As per the prosecution case, the informant states
that the accused persons including the petitioner herein had
kidnapped his 15 year old minor sister for the purpose of
marriage.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The allegations
levelled in the FIR are false and concocted. The statement of the
sister of the informant was recorded in course of investigation
wherein she has not supported the prosecution case. The petitioner is
Patna High Court CR. MISC. No.29304 of 2026(3) dt.01-07-2026
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in custody since 22.10.2025 and chargesheet has been submitted in
the case.
5. The application for bail is opposed by learned APP
for the State. However, it is submitted that in the statement
recorded under section 183 of the BNSS, the victim has not
supported the prosecution case against the petitioner.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the material that has transpired in course of
investigation specially the contents of the statement of the
victim recorded under section 183 of the BNSS wherein she
does not support the allegations against the petitioner and
instead levels counter allegations against the informant i.e. her
brother together with the petitioner having remained in custody
since 22.10.2025, the Court directs the petitioner to be enlarged on
bail in connection with Bhararhi P.S. Case no. 3 of 2025 (Sessions
Trial no.70 of 2026) on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Madhepura.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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