Patna High Court
Mithilesh Bhuiyan @ Mithlesh Kumar BhuiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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