Patna High Court
Shamim Nadaf @ Md. Shamim NadafversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied as the allegations were specific, the offences serious, and the victim’s statement under Section 183 of the B.N.S.S. corroborated the prosecution’s case.
Summary
The petitioner, Shamim Nadaf, sought bail in a case registered under Sections 363, 366 and 506 of the Indian Penal Code for alleged kidnapping of a woman and her two minor children on 28‑04‑2024. The prosecution alleged that the petitioner, along with other accused, abducted the victims and that the recovered victim, in a statement recorded under Section 183 of the B.N.S.S., identified the petitioner as the kidnapper and alleged forced sexual relations. The petitioner claimed innocence, arguing that he was implicated only on suspicion and has been in custody since 23‑10‑2025. The State highlighted the specific nature of the accusation, the seriousness of the offences, the victim’s recorded statement, and the petitioner’s prior criminal antecedent. The Court, after considering these factors, rejected the bail application and directed the trial court to expedite the trial within a year.
Issues considered
- Whether bail should be granted to an accused charged with kidnapping, criminal intimidation and assault (IPC §§363, 366, 506) when the victim’s statement under Section 183 of the B.N.S.S. implicates the accused.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- B.N.S.S. — s. 183
- Indian Penal Code — s. 363, 366, 506
Subjects
- bail
- kidnapping
- IPC
- Section 363
- Section 366
- Section 506
- victim statement
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5042 of 2026
Arising Out of PS. Case No.-106 Year-2024 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Shamim Nadaf @ Md. Shamim Nadaf S/o- Md. Jalil Nadaf@ Jalil Nadaf Vill-
Manorba P.s-Bithan Dist-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 363, 366 and 506 of the
Indian Penal Code.
3. As per prosecution case, it is alleged that on
28.04.2024, wife of informant, along with two minor children,
was kidnapped by some unknown persons.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner has been made an accused in this case merely on
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suspicion. Moreover, charge-sheet has already been submitted
and petitioner is in custody since 23.10.2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that petitioner is named in the F.I.R. with specific
accusation that he, along with other accused persons, kidnapped
wife and children of informant. During investigation, the victim
was recovered and in her statement recorded under Section 183
of the B.N.S.S., she has supported the prosecution case and has
stated that this petitioner kidnapped her and forcibly established
physical relations with her. Petitioner has got one criminal
antecedent.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence,
statement of the victim recorded under Section 183 of the
B.N.S.S. and criminal antecedent of the petitioner, the prayer for
grant of bail to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 23.10.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
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of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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