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Patna High Court

Md. Saheb @ Md. Eqbal Hasan @ Md. Saheb EkbalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was denied.

Summary

The petitioner, Md. Saheb, was charged under Sections 137(2) and 96 of the Bihar Negotiable Substances Act, 2023, for allegedly kidnapping the minor daughter of an informant. The petitioner claimed the act was a consensual elopement and that the victim, now 19, had initially denied the charges under Section 180 but later, under parental pressure, alleged abduction under Section 183. The informant countered that the victim was a minor (born 03‑01‑2012) at the time of the incident, making any consent legally invalid, and presented a deposition indicating the petitioner rendered the victim unconscious and committed rape. The trial had already commenced, and the victim’s evidence was recorded in court. Considering the victim’s minor status, the commencement of trial, and the seriousness of the allegations, the court denied the bail application.

Issues considered

  • Whether bail should be granted to the petitioner when the alleged victim was a minor at the time of the alleged offence.
  • Whether the alleged consent of a minor is legally valid under the applicable statutes.
  • Whether the commencement of trial and recorded victim testimony preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • consent of minor
  • rape
  • POCSO
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55680 of 2025
                      Arising Out of PS. Case No.-1277 Year-2024 Thana- NAWADA District- Nawada
                 ======================================================
                 Md. Saheb @ Md. Eqbal Hasan @ Md. Saheb Ekbal S/o Md. Shaukat R/o vill
                 - Raja Nagar Bhadauni, P.s.- Nawada, Distt.- Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Md. Azad Kalam S/o Late Md. Allauddin R/o vill - Raja Nagar Bhadauni,
                 P.S.- Town, Distt.- Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ritwik Thakur, Advocate
                                                 Ms. Vaishnavi Singh, Advocate
                 For the State           :       Mr. Nagendra Prasad, Advocate
                 For the Informant       :       Mr. Shankar Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State as well as learned counsel appearing on behalf of

                   the informant.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 137(2) and 96 of B.N.S.,

                   2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and in sum and

                   substance the allegation is that the petitioner kidnapped the

                   minor daughter of the informant.

                                 4. Learned counsel for the petitioner submits that

                   petitioner and the victim were in love and they eloped. It is also
Patna High Court CR. MISC. No.55680 of 2025(4) dt.24-02-2026
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          submitted that victim has come back and her statement was

          recorded under Section 180 B.N.S.S. wherein she has not

          supported the case of the prosecution but subsequently her

          statement was recorded under Section 183 B.N.S.S. wherein the

          victim under parental pressure stated that petitioner had taken

          her away and had brought her to Ranchi and she even became

          pregnant but then does not allege that she was raped. It is also

          submitted that victim in her statement recorded under Section

          183 B.N.S.S. has disclosed her age as 19 years. It is next

          submitted that the statement of the victim as recorded under

          Section 183 B.N.S.S. may be under parental pressure but then

          efforts were made to save the petitioner. It is also submitted that

          even petitioner is willing to marry the victim.

                       5. Learned APP for the State and learned counsel

          appearing on behalf of the informant oppose the bail

          application.

                       6. Learned counsel appearing on behalf of the

          informant submits that law is clear that consent of a minor has

          no credentials in the eyes of law. It is further submitted that a

          counter affidavit has been filed on behalf of the informant

          wherein date of birth certificate of the victim has been brought

          on record by way of Annexure-C/4 and from perusal of the
Patna High Court CR. MISC. No.55680 of 2025(4) dt.24-02-2026
                                            3/4




          same, it would manifest that the date of birth of the victim is

          03.01.2012, as such, on the date of occurrence, the victim was a

          minor, aged about 14 years and odd. It is also submitted that

          charges have been framed, trial has commenced and the

          evidence of victim in the trial has been recorded wherein she

          has stated that petitioner after making her unconscious had

          taken her away and even committed rape. On query of the Court

          from the learned counsel appearing on behalf of the informant

          whether he has copy of the deposition made by the victim in the

          trial on which it is submitted that he has received the photo stat

          copy of the deposition on his Whatsapp and after perusing the

          same, the said submission has been made. It is also submitted

          that the victim deposed on 02.02.2024.

                       7. At this stage, learned counsel appearing on behalf

          of the petitioner submits that petitioner is in custody since

          01.05.2025.

                       8. After hearing learned counsel for the parties, the

          Court is not inclined to release the petitioner on bail for the

          reason that trial has commenced and also taking into

          consideration Annexure-C/4, i.e., the birth certificate of the

          victim from perusal of which, it manifests that the victim on the

          date of occurrence was aged about 14 years of age. Accordingly,
               Patna High Court CR. MISC. No.55680 of 2025(4) dt.24-02-2026
                                                           4/4




                         the prayer for grant of bail to the petitioner is hereby rejected in

                         connection with Nawada Town P.S. Case No.1277 of 2024,

                         pending in the court of learned District & Additional Sessions

                         Judge-VI-cum-Special Judge (POCSO Act), Nawada.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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