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Patna High Court

Md. KasimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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