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Patna High Court

Salman AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the alleged victim is now an adult, has voluntarily married the petitioner, and there is no prosecutorial support for the kidnapping charge.

Summary

The petitioner, Salman Alam, was charged under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and section 4 of the POCSO Act for allegedly kidnapping a 16‑year‑old girl for marriage. The girl later returned home, was medically examined to be between 17‑19 years old, and gave a statement under section 183 of the B.N.S.S. that she went voluntarily and married the petitioner, offering no support to the prosecution. The petitioner, who has no prior criminal record, applied for regular bail. The State opposed the bail, but the court noted the victim’s adult status, her voluntary statement, and lack of prosecutorial support. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail can be granted in a case under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita and section 4 of the POCSO Act when the alleged victim is now an adult and has not supported the prosecution.
  • Whether the voluntary statement of the alleged victim under section 183 of the B.N.S.S. negates the kidnapping allegation.
  • Whether the age of the alleged victim at the time of the alleged offence affects the grant of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • marriage
  • minor
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • age of consent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77001 of 2025
                 Arising Out of PS. Case No.-55 Year-2024 Thana- JHAROKHAR District- East Champaran
                 ======================================================
                 Salman Alam S/o Seraj Miya R/o Village- Bisunpur, P.S.- Jharokhar, District-
                 East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Munna Pandey S/o Late Ramchari Pandey R/o Village- Bisunpur, P.S.-
                 Jharokhar, District- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar No.III, Advocate
                 For the Opposite Party/s :      Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   11-02-2026                1. Heard learned counsel for the parties.

                              2. The petitioner has preferred this application for grant

                   of regular bail in connection with Jharokhar P.S. Case no.55 of

                   2024 registered under sections 137(2) and 96 of the Bharatiya

                   Nyaya Sanhita, 2023 and section 4 of the POCSO Act.

                               3. As per the prosecution case, the informant states that

                   his 16 year old daughter was kidnapped by the accused persons

                   and it appears that the petitioner has a hand in her kidnapping

                   for the purpose of marriage.

                                 4. Learned counsel for the petitioner submits that the

                   daughter of the informant is major. She returned home and has

                   not supported the prosecution case. The petitioner is in custody
            Patna High Court CR. MISC. No.77001 of 2025(4) dt.11-02-2026
                                                        2/2




                      since 8.2.2025 and has no criminal antecedent. Chargesheet has

                      been submitted in the case.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      having perused the material that has transpired in course of

                      investigation, it transpires that the daughter of the informant

                      returned home and her statement was recorded under section

                      183 B.N.S.S. wherein she has not supported the prosecution

                      case. She has stated therein that she went with the petitioner out

                      of her own volition and married him. It further transpires that in

                      the medical examination, the medical board has determined the

                      age of the daughter of the informant to be between 17-19 years.

                                7. In view of the facts and circumstances of the case, the

                      petitioner is directed to be enlarged on bail in connection with

                      Jharokhar P.S. Case no.55 of 2024 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 6 th District and

                      Additional Sessions            Judge-cum-Exclusive Special Judge,

                      POCSO Act, East Champaran, Motihari.


                                                  (Partha Sarthy, J)
Saurabh/-
U      T


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