Md Sadim SheikhversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41234 of 2026
                   Arising Out of PS. Case No.-68 Year-2024 Thana- MADHWAPUR District- Madhubani
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                 Md Sadim Sheikh S/o Md Samim Sheikh R/o Village- Madhwapur Ward No.
                 05 ,P.S- Madhwapur ,District -Madhubani
                                                                      ... ... Petitioner
                                                   Versus
           1.     The State of Bihar Patna
           2.     Krishna Kumar S/o Naresh Sah R/o Vill- Madhwapur, ward no- 08, P.S-
                  Madwapur, Dist- Madhubani.
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vinod Kumar, Advocate
                 For the Opposite Party/s :      Mr.Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Madhwapur P.S.

                   Case No. 68 of 2024 registered for the offences punishable

                   under Sections 363, 366(A), 34 of the I.P.C.

                             3. The allegation against the petitioner is to kidnap the

                   minor sister of the informant aged about 17 years for the

                   purpose of illicit intercourse/marriage with another person.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that the sister of the informant was in love affairs with

                   petitioner and as the said relationship was not approved by the

                   informant, the present false case was lodged.
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                   5. It is submitted that the sister of the informant, left her

          parental home on her own. In support of submission, learned

          counsel referred the statement of victim recorded under section

          183 of the B.N.S.S., where she categorically stated that she out

          of her own left her parental home as she was in love with this

          petitioner and after leaving her parental home, she performed

          Nikah with this petitioner as per Muslim rites and rituals.

                   6. It is pointed out that parties are living as husband and

          wife and, moreover, as per medical report, no sign of violence

          was found upon victim sister of the informant. It is pointed out

          that she becomes pregnant out of marriage with petitioner.

                   7. Arguing further, it is submitted by learned counsel that

          the doctor, during medical examination, found the age of victim

          between 17-18 years on the basis of radiological examination.

                   8. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   9. In view of the aforesaid factual submissions and by

          taking note of the fact as the victim categorically negate the

          allegation of kidnapping and sexual assault against petitioner,

          while recording her statement under section 183 of the B.N.S.S.

          rather she said to solemnize marriage with petitioner out of her

          own sweet-will, accordingly, above-named petitioner, who is a
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                     man of clean antecedent, in the event of his arrest/surrender

                     within a period of four weeks from this order, is directed to be

                     enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten

                     thousand only) with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M., Madhubani/concerned court in

                     connection with madhwapur P.S. Case No. 68 of 2024, subject

                     to the conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T