Patna High Court
Md. Saheb @ Md. Eqbal Hasan @ Md. Saheb EkbalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
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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,
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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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