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Patna High Court

Saif KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

Saif Khan was arrested in connection with a case registered under Sections 137, 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act, alleged to have taken away a minor girl for marriage. The prosecution alleged kidnapping, while the victim’s statement under Section 183 BNSS indicated that she had voluntarily eloped with the petitioner. The petitioner pleaded innocence and sought regular bail after being in custody since 15‑10‑2025. The State and the second opposite party opposed bail. The Court, after considering the victim’s voluntary elopement claim and the circumstances, allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail can be granted to the accused under the Bharatiya Nyaya Sanhita and POCSO Act given the allegation of taking away a minor for marriage.
  • Whether the victim’s statement of voluntary elopement under Section 183 BNSS negates the prosecution’s case and justifies bail.

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • POCSO Act
  • voluntary elopement
  • kidnapping
  • minor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5281 of 2026
                        Arising Out of PS. Case No.-268 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Saif Khan S/o Late Firoz Khan Resident of Village- Akhta, P.S.- Suppi,
                 District- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    X W/o Y Resident of Sonakhan Ward No. 04, P.S.- Suppi, District- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Subodh Kumar, Advocate
                 For the Opposite Party/s :        Ms. Madhuri Lata, APP
                 For the O.P. No. 2       :        Mr. Ashok Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-04-2026                    Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the O.P.

                   No. 2.

                                2. The petitioner seeks regular bail in connection with

                   Suppi P.S. Case No. 268 of 2025 registered for the offence

                   under Section(s) 137, 96 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 4 of the POCSO Act.

                                3. As per the prosecution case, the petitioner is

                   accused of taking away the victim for the purpose of marriage.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 15.10.2025.

                                5. Learned A.P.P. for the State and the learned counsel

                   for the O.P. No. 2 have vehemently opposed the prayer for bail.
            Patna High Court CR. MISC. No.5281 of 2026(3) dt.27-04-2026
                                                        2/2




                                   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 BNSS, it appears

                      that she had eloped with the petitioner on her own.

                                   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 Suppi P.S. Case No.

                      268 of 2025.

                                   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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