Patna High Court
Sheikh Hasim @ Shekh HusainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted because the FIR was delayed, no sexual assault was alleged, and the trial was not imminent.
Summary
The petitioner, Sheikh Hasim, was arrested on charges of kidnapping the minor daughter of an informant under Section 96 of the B.N.S. The petitioner argued that the FIR was filed three days after the alleged incident, that the matter stemmed from a consensual love affair, and that the recovered victim was over 19 years old and made no allegation of sexual assault under Section 183 of the B.N.S.S. The State opposed bail, relying on the FIR allegations. The Court noted the delay in filing the FIR, the absence of any sexual assault claim, and the fact that the case had not yet been committed to the Sessions Court, and therefore granted bail on a bond of Rs.10,000 with two sureties, directing the lower court to expedite the trial. The bail may be cancelled if the petitioner fails to cooperate with the proceedings.
Issues considered
- Whether bail should be granted in a kidnapping case under Section 96 of the B.N.S. given the delay in filing the FIR.
- Whether the absence of a sexual assault allegation and the non‑commitment of the case to the Sessions Court justify bail.
Subjects
- bail
- kidnapping
- Section 96
- Section 183
- delay in FIR
- no sexual assault
- expeditious trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62246 of 2025
Arising Out of PS. Case No.-530 Year-2024 Thana- BARACHATTI District- Gaya
======================================================
Sheikh Hasim @ Shekh Husain Son of Sheikh Shakur R/o Village -
Damodarpur, P.S. - Tengar, Dist. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 96 of the B.N.S.
3. As per the prosecution case, the petitioner is said
to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits, at the
outset, that the First Information Report was lodged after a
delay of three days and as a matter of fact, it is a case arising
out of love affair between the petitioner and the victim. It has
also been submitted that the First Information Report was
lodged for kidnapping under Section 96 of the B.N.S.,
subsequently, charge-sheet has also been submitted under
Section 96 of the B.N.S. and there is no inclusion of other
Patna High Court CR. MISC. No.62246 of 2025(5) dt.16-02-2026
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provisions of sexual assault, POCSO etc.. It has been further
submitted that the petitioner and the victim girl were together
recovered from Ludhiana, Punjab and in the medical
examination also, the age of the victim was assessed to be over
19 years. It has also been submitted that the victim, after
recovery, in her statement under Section 183 of B.N.S.S., has
also not alleged any kind of sexual assault against the
petitioner. The petitioner is in custody since 15.01.2025 and it
has been submitted that till date the case has not even been
committed to the Court of sessions, as such, there is no
likelihood of conclusion of trial in near future.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the factum of delay in the F.I.R.,
coupled with the fact that the statement under Section 183 of
the B.N.S.S., does not disclose any case of sexual assault and
further considering that the case has also not proceeded, let the
above named petitioner, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.62246 of 2025(5) dt.16-02-2026
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District and Additional Sessions Judge-III, Sherghati at
Gaya/concerned Court below in connection with Barachatti P.S.
Case No. 530 of 2024.
7. However, the learned Court concerned is
directed to proceed with the case expeditiously, and the
petitioner is directed to co-operate with the proceedings by
appearing on each and every date, failing which, without any
substantial cause, the Court shall be at liberty to take steps for
cancellation of bail.
(Soni Shrivastava, J)
anand/-
U T
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