Patna High Court

Furkan @ Md FurkanversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Furkan, was arrested in connection with a kidnapping case (PS Amour Case No. 295 of 2025) alleged under Sections 137(2), 87 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that he, along with co‑accused, abducted the minor daughter of an informant on a motorcycle. The petitioner’s counsel argued that no witness corroborated the charge and that the victim’s statement under Section 183 BNSS did not accuse him of any assault or misconduct, and that the victim even identified him as innocent. The victim, examined as PW‑1, claimed the petitioner did nothing wrong and is about 18 years old. The court, noting the lack of incriminating evidence, the victim’s testimony, and the petitioner’s clean record, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a kidnapping case involving a minor under the Bhartiya Nyaya Sanhita, 2023.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 87

Subjects

bail
kidnapping
minor
Bhartiya Nyaya Sanhita
Section 183 BNSS
criminal procedure
POCSO

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.82029 of 2025
                        Arising Out of PS. Case No.-295 Year-2025 Thana- AMAUR District- Purnia
                 ======================================================
                 Furkan @ Md Furkan Son of Late Jubair Resident of Village - Ramnagar, P.S.
                 - Amour, District - Purnea
                                                                            ... ... Petitioner
                                                 Versus
           1.     The State of Bihar
           2.     Musfir Son of Rakib Resident of Village - Ramnagar, Ward No. - 8, P.S. -
                  Amour, District - Purnea.
                                                                    ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sumit Kumar Bhagat, Advocate
                 For the Opposite Party-State:    Mrs. Renu Kumari, APP
                 For the Opposite Party No.2:     Mr. Pushpendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

6   27-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Amour

                   P.S. Case No. 295 of 2025, registered for the offence under

                   Sections 137(2), 87, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner along

                   with other co-accused person kidnapped the minor daughter of

                   the informant on a Motorcycle by enticing her.

                                4. Learned counsel appearing for the petitioner has

                   submitted that no witness has supported the accusation against

                   the petitioner. Earlier, vide order dated 23.12.2025, case diary as

                   well as statement of the victim girl recorded under Section 183

                   BNSS was called for. In her statement under Section 183 BNSS,
          Patna High Court CR. MISC. No.82029 of 2025(6) dt.27-04-2026
                                                      2/2




                    the victim has not alleged any physical assault against the

                    petitioner or any misbehaviour meted out to her by the

                    petitioner. Drawing the attention of this Court to the evidence of

                    the victim, who has been examined as PW 1 in course of trial

                    and has claimed herself to be aged about 18 years, it has been

                    submitted that the victim has deposed in her examination-in-

                    chief that this petitioner has done nothing wrong with her and

                    she had identified the petitioner in the court. It has further been

                    submitted that the petitioner is in custody since 14.07.2025 and

                    has got no criminal antecedents.

                                 5. Learned A.P.P. for the State and learned counsel for

                    the opposite party No.2 vehemently opposed the prayer for bail

                    of the petitioner.

                                 6. Perused the records and heard the parties.

                    Considering the facts and circumstances of the case, let the,

                    above named, petitioner be released on bail on furnishing bail

                    bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                    amount each to the satisfaction of learned Additional Sessions

                    Judge-VI-cum-Special Judge (POCSO), Purnea, in connection

                    with Amour P.S. Case No. 295 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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