Patna High Court
Md. AjamuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner in the kidnapping case.
Summary
The petitioner, Md. Ajamuddin, was arrested in connection with a kidnapping case (PS Case No.194 of 2025) under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging he abducted a minor daughter of an informant for marriage. The petitioner argued that he was not named in the FIR and that the victim’s statement, recorded under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023, indicated she voluntarily went to his house after being refused by another man, with no allegation of sexual assault. The medical board report suggested the victim was actually 20‑22 years old, not a minor. The Additional Public Prosecutor opposed bail, but the court, after considering the facts and the victim’s statement, granted bail on condition of a Rs.10,000 bond with two sureties. The bail application was allowed.
Issues considered
- What is the applicability of bail provisions in a kidnapping case under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023?
- Does the victim’s statement under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023, and the medical report indicating the victim is an adult, affect the grant of bail?
- Whether the petitioner’s non‑naming in the FIR is a ground to deny bail?
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 96
Subjects
- bail
- kidnapping
- marriage
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- victim statement
- age of victim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5470 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- DARPA District- East Champaran
======================================================
Md. Ajamuddin, Male, aged about 25 years, son of Md. Jahur, R/o Village-
Satkodariya Ward No.6, P.S- Raghopur, Dist- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Darpa
PS Case No.194 of 2025 dated 07.08.2025, instituted for the
offence punishable under Sections 137(2), 96, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The allegation is of kidnapping the minor daughter
of the informant for the purpose of marriage or something
otherwise.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. Statement of the victim has
been recorded under Section 183 of the Bharatiya Nagrik
Suraksha Sanhita, 2023, in which she herself stated that on the
assurance of one Lal Babu, she went to Adapur Railway Station
Patna High Court CR. MISC. No.5470 of 2026(3) dt.26-02-2026
2/2
to marry with him while he was already married. When Lal
Babu refused to take her with him, she came to Raxaul Railway
Station where she met the petitioner and he brought her to his
house and she remained in the house of the petitioner with his
parents. Thereafter, she talked to her father, who came to take
her. There is no allegation of any sexual assault or misbehaviour
against the petitioner in the entire statement. In fact, the
petitioner had helped the victim. Further submission is that as
per the report of the Medical Board, the age of the victim is 20-
22 years old. Lastly, it is submitted that the petitioner is in
custody since 25.09.2025 having four cases against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the SDJM, Raxaul at Motihari, East
Champaran, in Darpa PS Case No.194 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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