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Patna High Court

Alam @ Mahbub AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners.

Summary

The petitioners—Alam, Atabul Hussain and Saimful Khatun—feared arrest in a case (Kadwa PS Case No. 113 of 2026) involving offences under Sections 126(2), 115(2), 96, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The alleged crime was the kidnapping of a minor daughter of an informant by co‑accused Ajmat Ali and others. The petitioners argued that they are innocent, being only the brother, father and mother of the co‑accused, and that the victim’s statement recorded under Section 183 BNSS did not name them. The State opposed the bail application. Relying on the victim’s statement and the lack of any incriminating material against the petitioners, the Court granted anticipatory bail, directing them to surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties each, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners who are not named in the victim’s statement.
  • Whether familial relationship to a co‑accused suffices to sustain an accusation under the listed sections.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • false implication
  • victim statement
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40409 of 2026
                        Arising Out of PS. Case No.-113 Year-2026 Thana- KADWA District- Katihar
                 ======================================================
           1.     Alam @ Mahbub Alam S/o- Atabul Hussain @ Ataur Rahman Resident of
                  Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. - Kadwa, District-
                  Katiha
           2.    Atabul Hussain @ Ataur Rahman S/o- Late Lukman Ali @ Lukaman
                 Resident of Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. -
                 Kadwa, District- Katiha
           3.     Saimful @ Saimful Khatun W/o- Atabul Hussain @ Ataur Rahman Resident
                  of Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. - Kadwa, District-
                  Katiha
                                                                             ... ... Petitioners/s
                                                    Versus
                 The State of Bihar
                                                                        .. ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the petitioners/s    :       Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-06-2026                       Heard learned counsels for the petitioners and

                   learned A.P.P. for the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 96,

                   351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. It is alleged that co-accused Ajmat Ali along with

                   two other accused persons kidnapped minor daughter of

                   informant.

                                4. Learned counsel appearing for the petitioners

                   submits that petitioners are innocent and have committed no

                   offence. Specific accusation of kidnapping is against co-accused
          Patna High Court CR. MISC. No.40409 of 2026(2) dt.30-06-2026
                                                      2/2




                    Ajmat Ali and others and petitioners have been made accused in

                    this case merely because petitioner no. 1 is brother, petitioner

                    no. 2 is father and petitioner no. 3 is mother of co-accused

                    Ajmat Ali. During investigation, victim was recovered and in

                    her statement, recorded under Section 183 BNSS, she has not

                    named these petitioners nor alleged any wrong against them.

                    Petitioners claims clean antecedent.

                                 5. Learned A.P.P. for the State vehemently opposed

                    the bail application.

                                 6. Considering statement of the victim recorded under

                    Section 183 BNSS, this anticipatory bail is allowed and it is

                    ordered that the above named petitioners in the event of their

                    arrest/surrender before the court below within a period of eight

                    weeks from today, be enlarged on bail on furnishing bail-bond

                    of Rs. 10,000/- (ten thousand) each with two sureties of the like

                    amount each to the satisfaction of Learned Chief Judicial

                    Magistrate, Katihar in connection with Kadwa P. S. Case No.

                    113 of 2026, subject to condition as laid down under Section

                    482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                          (Prabhat Kumar Singh, J)
Navya/Sanjay-
U      T


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