Patna High Court

Jamshed AliversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

Jamshed Ali was charged in a Kadwa police case for kidnapping and molesting the minor daughter of an informant, offenses alleged under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita. The victim’s statement, recorded under Section 183 of the BNSS, corroborated the prosecution’s version. The petitioner applied for anticipatory bail, arguing fear of arrest. The court examined the seriousness of the alleged crimes and the victim’s recorded testimony. Considering the gravity and the supporting statement, the court refused the anticipatory bail application, dismissing the petition.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged kidnapping and molestation of a minor under Sections 96 and 3(5) of the BNSS.

Legislation cited

Bharatiya Nyaya Sanhita — s. 183, 3(5), 96

Subjects

anticipatory bail
kidnapping
molestation
Bharatiya Nyaya Sanhita
victim statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81883 of 2025
                        Arising Out of PS. Case No.-230 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Jamshed Ali Son of Raisuddin @ Md. Raisudhin Resident of Sikorna, Purab
                 Tola, ward no. 12, Police Station - Kadwa, District - Katihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   13-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in Kadwa P. S. Case

                   No. 230 of 2025 registered for the offences punishable under

                   Sections 96, 3(5) of the Bharatiya Nyaya Sanhita..

                                3. As per prosecution case, this petitioner kidnapped

                   minor daughter of informant, when she had gone for nature’s

                   call behind the house. After recovery, victim in her statement,

                   recorded under Section 183 of the BNSS, has supported the

                   prosecution case and has categorically stated that when she went

                   outside to relieve herself, then this petitioner reached there,

                   caught her hands and took her on a vehicle and molested her.

                                4. In view of the gravity of the offence and statement

                   of the victim recorded under Section 183 of the BNSS, prayer
              Patna High Court CR. MISC. No.81883 of 2025(5) dt.13-03-2026
                                                          2/2




                        for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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