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Patna High Court

Mithilesh Bhuiyan @ Mithlesh Kumar BhuiyanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

Mithilesh Bhuiyan was arrested in connection with Imamganj P.S. Case No. 35 of 2025, charged under Sections 96 and 3(5) of the B.N.S. for allegedly kidnapping the minor daughter of an informant with the intent to marry her. The prosecution alleged that the petitioner abducted the girl, while the defence argued that the girl, aged 18‑19 according to a medical report, voluntarily accompanied the petitioner after expressing consent under a statement recorded under Section 183 of the B.N.S.S. The petitioner claimed innocence, no prior criminal record, and had been in judicial custody since 19‑02‑2025. The State opposed bail, citing the seriousness of the alleged offence. After hearing both sides, the Court found the victim’s voluntary statement and lack of prior record sufficient to justify bail, and ordered the petitioner released on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations of kidnapping a minor for marriage under Sections 96 and 3(5) of the B.N.S.
  • Whether the victim’s voluntary statement under Section 183 of the B.N.S.S. and her age affect the bail decision
  • Whether the petitioner poses a flight risk or risk of tampering with evidence

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • marriage
  • consent
  • Section 183
  • POCSO
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84086 of 2025
                        Arising Out of PS. Case No.-35 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Mithilesh Bhuiyan @ Mithlesh Kumar Bhuiyan, S/O Ramswarup Bhuiyan @
                 Ramsrup Mandal, R/O Vill.- Kuibar, P.S.- Imamganj, Dist.- Gaya.


                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Samoj Saw, S/O Mahvi Saw, R/O Vill. and Post- Maira , P.S.- Imamganj,
                 Dist.- Gaya.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abneesh Kumar, Advocate
                                                  Mr. Mirtyunjay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   24-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Imamganj P.S. Case No. 35 of 2025 registered for the

                   offence punishable under Sections 96 and 3(5) of B.N.S.

                                 3. The case of the prosecution, in short, is that the

                   petitioner has kidnapped the minor daughter of the informant for

                   the purpose of marriage.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.84086 of 2025(5) dt.24-03-2026
                                            2/3




          case. It has further been submitted that during course of

          investigation, the victim has given her statement under Section

          183 of the B.N.S.S. wherein she has stated that she liked the

          petitioner who is her tenant and she has gone on her own will to

          Patna with him. They lived there in a rented room. There was no

          physical relationship between them. She lived there with her

          consent. They were apprehended by the police. It has also been

          submitted that from perusal of the medical examination report, it

          is clear that the doctors have opined that the age of victim is

          between 18 to 19 years and from her statement under Section

          183 of the B.N.S.S. it is clear that she herself has gone with the

          petitioner and that there was no relationship between them.

          Petitioner is having no criminal antecedent and he is languishing

          in judicial custody since 19.02.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

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

          of the like amount each to the satisfaction of the learned
             Patna High Court CR. MISC. No.84086 of 2025(5) dt.24-03-2026
                                                         3/3




                       Exclusive Special Judge, POCSO-cum-Additional Sessions

                       Judge-VII, Gaya Ji in connection with Imamganj P.S. Case No.

                       35 of 2025.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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