Patna High Court

Md. Imteyaz Alam @ Imteyaz AlamversusThe State of Bihar

Decided: 2 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Md. Imteyaz Alam, was charged with kidnapping the minor daughter of an informant and alleged rape under Sections 96 and 3(5) of the BNS. The victim’s statement under Section 183 of the BNSS claimed she went voluntarily with the petitioner, denied any physical relationship, and lodged no complaint. The prosecution relied on a medical injury report suggesting rape could not be denied and that the victim was over nineteen years old. The petitioner, having no prior criminal record and being in custody since 07‑06‑2025, applied for regular bail. After hearing both sides, the court found the victim’s statement persuasive and, considering the circumstances, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail in a kidnapping and alleged rape case under Sections 96 and 3(5) of the BNS
Whether the victim’s statement under Section 183 of the BNSS outweighs the medical report indicating possible rape

Legislation cited

BNS — s. 3(5), 96
BNSS — s. 183

Subjects

bail
kidnapping
rape
victim statement
medical evidence
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.85226 of 2025
                       Arising Out of PS. Case No.-340 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Md. Imteyaz Alam @ Imteyaz Alam S/o- Mohammad Reyaz @ Reyaz Khan
                 Village- Tarwan Tola Bara PS- Wazirganj, Dist- Gaya       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Dr. Alok Kumar Alok, Sr. Advocate
                                                  Mr. Ajay Kumar Sinha, Advocate
                 For the State           :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-02-2026                    Heard learned Senior counsel for the petitioner and

                   learned APP for the State.

                                  2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 96 and 3(5) of

                   the BNS.

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

                   petitioner along with others has kidnapped the minor daughter of

                   the informant. During course of investigation the victim has given

                   her statement under Section 183 of the BNSS wherein she has

                   stated that on 27.05.2025 she went to Sirdalla without disclosing

                   anyone. She met Imtiyaz (petitioner) there and from there they

                   went to Bengal. They lived in a room in Bengal but there was no

                   physical relationship between them. In last paragraph of her

                   statement, the victim has stated that she is having no complain

                   against the petitioner.

                                  4. Learned counsel for the petitioner has submitted that
            Patna High Court CR. MISC. No.85226 of 2025(3) dt.02-02-2026
                                                        2/2




                      from perusal of the injury report the Doctor has come to the

                      conclusion that “1. though there is no recent sign of sexual

                      intercourse but rape cannot be denied. 2. Age above nineteen

                      years.” Learned counsel for the petitioner has submitted that the

                      allegation of rape does not arise as the victim herself has stated

                      that there was no physical relationship between them. Learned

                      counsel for the petitioner has further submitted that the victim

                      herself has admitted that she has gone with the petitioner herself.

                      Learned counsel for the petitioner has lastly submitted that the

                      petitioner is having no criminal antecedent and is in judicial

                      custody since 07.06.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Wazirganj P.S. Case No. 340 of 2025 (S.Tr. No.

                      941 of 2025) on furnishing bail bond of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      learned Additional District & Sessions Judge-X th, Gayaji.



                                            (Ashok Kumar Pandey, J)
durgesh/-
U      T

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