Patna High Court
Immamuddin Miyan @ GoluversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied and the application was dismissed.
Summary
The petitioner, Immamuddin Miyan, applied for bail in a criminal case (PS Case No. 590 of 2025) alleging kidnapping of a minor girl and offences under Sections 74, 87, 140 and 3(5) of the IPC, as well as Sections 8 and 12 of the POCSO Act. The minor victim, in a statement recorded under Section 183 of the BNSS, alleged that she was taken away and kept for two months. The petitioner has been in custody since 29‑10‑2025. The Court, after hearing counsel, considered the seriousness of the allegations and the victim’s statement and was not inclined to grant bail. Consequently, the bail application was dismissed, with the Court noting that its observations are limited to this bail application and do not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping and offences under the IPC and POCSO Act.
- Whether the nature of the allegations and the victim's statement justify denial of bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) — s. 183
- Indian Penal Code — s. 140, 3(5), 74, 87
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- kidnapping
- POCSO
- minor victim
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29396 of 2026
Arising Out of PS. Case No.-590 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Immamuddin Miyan @ Golu Son of Kamruddin Miyan Resident of Village-
Ranjeeta, P.S.- Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. X Wife of Y Resident of Village- Ranjeeta, Ward no. 15m P.S.- Harsidhi,
District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh, Advocate
For the State : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Harsiddhi P.S. Case No. 590 of 2025 registered for the offence
punishable under Sections 74, 87, 140 and 3(5) to which later on
Section 8/12 of the POCSO Act.
3. The petitioner and others are said to have
kidnapped the victim.
4. The minor victim girl in her statement recorded
under Section 183 of the BNSS has said that the petitioner and
others had taken her somewhere and kept the victim for two
months.
Patna High Court CR. MISC. No.29396 of 2026(2) dt.11-05-2026
2/2
5. The petitioner is in custody since 29.10.2025.
6. Considering the nature of allegation and the
statement of the victim girl, I am not inclined to grant bail to the
petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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