Patna High Court
Md. Khawaeesh @ Md. KhwaieshversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner as the allegations were deemed credible and the offences serious.
Summary
The petitioner, Md. Khawaeesh, applied for bail in a case where he is accused of kidnapping a minor girl and forcibly establishing a physical relationship with her, offences alleged under Sections 137(1), 140(3), 96 and 3(5) of the BNS, 2023. The prosecution presented a victim’s statement recorded under Section 183 of the same Act, asserting the kidnapping and forced relationship. The petitioner claimed a clean antecedent and alleged that the FIR was fabricated. The High Court examined the material, including the victim’s statement and the seriousness of the alleged offences involving a minor. Finding the allegations credible and the offences grave, the Court refused the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and forced sexual relationship case involving a minor under the BNS, 2023.
- Whether the allegations in the FIR are false and the petitioner is entitled to bail.
Legislation cited
- BNS, 2023 — s. 137(1), 140(3), 183, 3(5), 96
Subjects
- bail
- kidnapping
- sexual assault
- minor
- BNS 2023
- criminal procedure
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85442 of 2025
Arising Out of PS. Case No.-376 Year-2024 Thana- KHAJANCHI HAT District- Purnia
======================================================
Md. Khawaeesh @ Md. Khwaiesh S/O Md. Shamsher Resident of Vill.- Bari
Bathana Ward No.- 12, P.S - Manshahi,Dist- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rubi Kumari W/O Sri Rajendra Singh R/O Vill.- Govindpur, P.S- Rautara,
Dist.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Amit Kumar Anand, learned counsel
for the petitioner and Mr. Pranav Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.03.2025 in connection with Sessions Trial No. 298 of
2025 arising out K. Hat P.S. Case No. 376 of 2024, F.I.R.
dated 26.07.2024 for the offences punishable under
Sections 137(1), 140(3), 96 and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner
has kidnapped the minor daughter of the informant and
forcibly established physical relationship with her.
Patna High Court CR. MISC. No.85442 of 2025(3) dt.25-03-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in
the FIR is false and fabricated and the petitioner has not
committed any offence as alleged in the FIR.
5. The learned Additional Public Prosecutor on the
material available on record as well as case diary has
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Section 183 of the BNSS, 2023 in which she has
categorically stated that when she went out of her hostel,
she was kidnapped by the petitioner and the petitioner has
forcibly established physical relationship with her and apart
from aforesaid, the victim was minor on the date of
occurrence.
6. Considering the aforesaid facts and
circumstances, I am not inclined to enlarge the petitioner on
bail in connection with S. Tr. No. 298 of 2025 arising out of
K. Hat P.S. Case No. 376 of 2024 pending in the court of
learned Additional Sessions Judge-I, Purnea.
7. Prayer is refused.
Patna High Court CR. MISC. No.85442 of 2025(3) dt.25-03-2026
3/3
8. However, learned Trial Court is directed to
expedite and conclude the trial at the earliest.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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