Patna High Court
Md. AshikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 366
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
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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
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section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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