Patna High Court
Md. DanishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Md. Danish, was arrested in September 2025 on charges of kidnapping under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence and stating that the alleged victim had eloped with him. The State opposed the bail, asserting the seriousness of the kidnapping allegation. The court examined the victim's statement and concluded that the circumstances suggested an elopement rather than forcible abduction. Consequently, the court allowed the bail application, directing the petitioner to be released upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 in a kidnapping case
- Whether the alleged elopement of the victim negates the seriousness of the kidnapping charge
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
Subjects
- bail
- regular bail
- kidnapping
- Bharatiya Nyaya Sanhita
- elopement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4349 of 2026
Arising Out of PS. Case No.-564 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Md. Danish S/o Md. Akhtar Driver R/o Village - Jarmakhap, P.S - Muffasil
(Aurangabad), P.O, P.S and District - Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Husniyara Khatoon W/o Mahtab Hussain R/o Mohalla - Milat Nagar, Ward
No. 20, P.S - Aurangabad (Town), District - Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra
For the Opposite Party/s : Mr. Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Aurangabad Town P.S. Case No. 564 of 2025 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.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 20.09.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.4349 of 2026(3) dt.25-03-2026
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 it appears that she had eloped with the
petitioner.
7. In view of the above, 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 Aurangabad Town
P.S. Case No. 564 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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