Patna High Court
Md. KasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions, under Section 482(2) of the BNSS.
Summary
The petitioners, comprising two brothers, their mother and father, sought anticipatory bail fearing arrest in a kidnapping case registered under Sections 96 and 3(5) of the Bihar Narcotic and Smuggling Act, 2023. The alleged victim, the informant's minor daughter, was recovered and gave a statement under Section 183 BNSS that did not support the prosecution, though a discrepancy existed regarding her age – the FIR listed her as 15, her statement as 18, and her birth certificate indicated she was a minor at the time of the incident. The State opposed bail, emphasizing the victim’s minority and the seriousness of the alleged offences. The Court noted the victim’s lack of cooperation with the prosecution but also recognized her status as a minor and the petitioners’ clean antecedents. Consequently, the Court granted anticipatory bail subject to a cash bond, sureties, and compliance with Section 482(2) of the BNSS, directing surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a kidnapping case where the victim is a minor but has not corroborated the prosecution's case.
- Whether the discrepancy in the victim’s age affects the viability of the charges under Sections 96 and 3(5) of the BNS, 2023.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing the investigation.
Subjects
- anticipatory bail
- kidnapping
- minor victim
- section 183 statement
- section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58129 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- CHANDAUTI District- Gaya
======================================================
1. Md. Kasim S/o- Md. Salim Akram Mohalla- Imran Colony Road No- 3 New
Karimganj PS- Civil Lines Dist- Gaya
2. Md. Nazim @ Md. Nazim Akram S/o- Md. Salim Akram Mohalla- Imran
Colony Road No- 3 New Karimganj PS- Civil Lines Dist- Gaya
3. Ishrat Khatoon @ Irarat Khatoon W/o- Md. Salim Akram Mohalla- Imran
Colony Road No- 3 New Karimganj PS- Civil Lines Dist- Gaya
4. Md. Salim Akram S/o- Late Baso Mohalla- Imran Colony Road No- 3 New
Karimganj PS- Civil Lines Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chandni Kumari, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
For the Informant : Mr. Syed Imran Ghani, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 09-02-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State, Mr. Rabindra Kumar and the learned
counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 96 and
3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
kidnapping the minor daughter of the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.58129 of 2025(5) dt.09-02-2026
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victim has been recovered and her statement has been recorded
under Section 183 BNSS wherein she has not supported the case
of the prosecution. It is further submitted that in the FIR the date
of birth of the victim has been disclosed as 15 years, but then
victim is 18 years of age, as in her statement recorded under
Section 183 BNSS at Para-6 she has stated that she is 18 years
of age, but then her date of birth for the purposes of
matriculation was reduced. It is also submitted that the thrust of
the allegation is against Aamir Akram with whom the victim had
eloped since they were in love.
5. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application. The learned counsel appearing on
behalf of the informant submits that the date of birth of the
victim as recorded in her birth certificate issued by the
Corporation is 27.07.2010, as such, on the date of occurrence,
the victim was a minor aged about 15 years.
6. After hearing the learned counsel for the parties,
the Court comes to a conclusion that the victim has not
supported the case of the prosecution, but then is a minor, but
then petitioners being brothers, mother and father of Aamir
Akram came to be implicated, as such petitioners above-named,
Patna High Court CR. MISC. No.58129 of 2025(5) dt.09-02-2026
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in the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Chandauti P.S. Case No. 57 of 2025 subject to
the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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