Patna High Court
MD. SAHID @ MD. SHAHIDversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail, holding that the alleged kidnapping was a voluntary elopement and marriage, and therefore the petitioner was not entitled to continued detention.
Summary
The petitioner, MD Sahid, was arrested in connection with L.N.M.U. P.S. Case No. 74 of 2026 for alleged kidnapping under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he abducted a girl, while the petitioner claimed innocence and no prior criminal record. The victim’s statement under Section 183 of the BNSS indicated that she voluntarily eloped with the petitioner and married him of her own free will. The petitioner applied for regular bail, arguing that the alleged act was a consensual elopement and not a kidnapping. The Court, after considering the statements and circumstances, held that the facts did not justify continued detention and allowed the bail application. Accordingly, the petitioner was released on a bail bond of Rs. 10,000 with two sureties of the same amount, with the order being limited to the bail matter only.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charge of kidnapping under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023
- Whether the victim's voluntary elopement and marriage negates the element of kidnapping
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 96
Subjects
- kidnapping
- regular bail
- elopement
- marriage
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43193 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
MD. SAHID @ MD. SHAHID Son of Sahjad Alam @ Shahjad Alam
Resident of village - Kathalwari, Bhandar Chowk, Police Station - L.N.M.U.
(University), District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
L.N.M.U. (University) P.S. Case No. 74 of 2026 registered for
the offence under Section(s) 137(2) and 96 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 30.03.2026 and has no criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.43193 of 2026(2) dt.02-07-2026
2/2
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 183 of the BNSS, it
appears that she had eloped with the petitioner on her own and
had married him voluntarily and willingly.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with L.N.M.U.
(University) P.S. Case No. 74 of 2026.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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