Created by Fuzzy Cloud

Patna High Court

Md. AshikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and compliance with Sec. 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Md Ashik, sought bail in a case registered under IPC sections 363, 366 and 34 for the alleged kidnapping of a minor girl. He contended that he was falsely implicated due to prior enmity, pointing to a delayed FIR, lack of eyewitnesses and a victim’s statement under Sec. 164 CrPC indicating she was a major who voluntarily accompanied a co‑accused and married him. The State opposed the bail. The Court noted the petitioner’s clean antecedents, the victim’s statement, and the precedent of bail granted to a co‑accused, and therefore ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Sec. 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner despite the kidnapping charges under IPC sections 363, 366 and 34
  • Whether the victim’s statement under Sec. 164 CrPC and the delay in filing the FIR create reasonable doubt justifying bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • false implication
  • victim statement
  • Indian Penal Code
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83676 of 2025
                    Arising Out of PS. Case No.-136 Year-2022 Thana- KATHAIYA District- Muzaffarpur
                 ======================================================
                 Md. Ashik S/O Md. Mainuddin R/O Village- Patti Aswari, P.S- Kathaiya,
                 Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mazharul Hassan, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-01-2026                           Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 363, 366, 34 of the

                   Indian Penal Code .

                                3 . As per the prosecution case, on 30.08.2022, the

                   informant’s 17-year-old daughter, Pinki Kumari, went to

                   coaching and did not return . Upon inquiry , informant came to

                   know that named co-villagers along with 3–4 unknown persons

                   kidnapped her and her friend Khushi Kumari, for unlawful

                   purpose .

                                4. It is submitted on behalf of the petitioners that the

                   petitioner has falsely been implicated in the present case due to

                   prior enmity. The FIR was lodged after an unexplained delay of
Patna High Court CR. MISC. No.83676 of 2025(2) dt.08-01-2026
                                            2/3




          more than three days, which casts serious doubt on the

          prosecution story . There is no eyewitness or evidence to

          support the allegation of kidnapping against this petitioner.

          During course of investigation , the victim was recovered and,

          she in her statement recorded under Section 164 Cr.P.C., has

          stated that she was major and had accompanied co-accused Md.

          Jahir out of her own free will, and had solemnized marriage

          with him. Similarly situated co-accused person namely Md.

          Tahir has been granted bail by Co-ordinate Bench of this Court

          vide order dated 18.05.2023 passed in Cr. Misc. No. 11970 of

          2023 . Petitioner claims clean antecedent.

                       5 . Learned counsel for the State opposed the bail

          petition .

                       6 Considering the aforesaid facts, clean antecedent of

          the petitioner, statement of the victim recorded under section

          164 Cr. P C and other circumstances of the case , in the event of

          arrest or surrender within eight weeks from today , let the

          petitioner, as named above, be enlarged on bail on furnishing

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

          like amount each to the satisfaction of the learned Additional

          Judge , 12th Muzaffarpur in connection with Kathaiya P.S. Case

          No. 136 of 2022 , subject to the conditions laid down under
            Patna High Court CR. MISC. No.83676 of 2025(2) dt.08-01-2026
                                                        3/3




                      section 482(2) of the           Bharatiya Nagarik Suraksha Sanhita ,

                      2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.