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Patna High Court

Md. MurshidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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