Created by Fuzzy Cloud

Patna High Court

Shamim Nadaf @ Md. Shamim NadafversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.5042 of 2026(2) dt.16-02-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.5042 of 2026(2) dt.16-02-2026
                                                         3/3




                       of this order.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.