Patna High Court

Md. Kamre Alam @ Md. KamareversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was granted to the petitioner subject to bail bond and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Md. Kamre Alam, feared arrest in a case registered under IPC sections 363, 366(A), 365 and 34 relating to alleged kidnapping, rape and common intention. The victim, a 17‑year‑old girl, was recovered pregnant, had eloped with a man named Prince who is in custody, and reportedly does not support the prosecution. The petitioner was accused of assisting Prince in the alleged offences. He applied for anticipatory bail, arguing that the victim is of an age of discretion and that his involvement was limited to supporting the elopement. After hearing both parties and the police officials, the court granted anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the BNSS. The personal appearance of the police officials was dispensed with.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case involving alleged kidnapping, rape and common intention.
Whether the victim's age and alleged consent affect the applicability of the charges.

Legislation cited

BNSS — s. 482(2)
Indian Penal Code — s. 34, 363, 365, 366A

Subjects

anticipatory bail
Indian Penal Code
kidnapping
rape
common intention
age of consent
elopement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86286 of 2025
                     Arising Out of PS. Case No.-54 Year-2024 Thana- ALINAGAR District- Darbhanga
                 ======================================================
                 Md. Kamre Alam @ Md. Kamare S/o Yunus Shah Resident of Village -
                 Sisauni, Police Station - Alinagar, District - Darbhanga
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   28-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 363,

                   366(A), 365 and 34 of the Indian Penal Code.

                                3. The SHO, Alinagar P.S. and the Investigating

                   Officer of the case, in compliance of the order dated 21.01.2026,

                   ar present in the Court.

                                4. The SHO and the Investigating Officer of the case,

                   in one voice, submitted that the victim has been recovered. It is

                   also submitted that victim has not supported the case of the

                   prosecution and is carrying pregnancy of eight months and was

                   staying with Prince at Mumbai. It is also submitted that victim is

                   aged about 17 years and she had eloped with Prince with whom

                   she was in love and Prince is in custody.

                                5. Learned counsel for the petitioner, at this stage,
            Patna High Court CR. MISC. No.86286 of 2025(3) dt.28-01-2026
                                                        2/2




                      submits that victim and Prince were in love and they eloped and

                      his friend, the instant petitioner came to be implicated with an

                      allegation that he also supported Prince in committing the

                      occurrence. It is next submitted that victim is aged more than 17

                      years and thus has reached the age of discretion where she was

                      able to understand the consequences of her action.

                                   6. After hearing the learned counsel for the parties

                      and the SHO and the Investigating Officer of the case, the

                      petitioner above-named, in the event of his arrest or surrender

                      before the learned trial court within a period of six weeks from

                      today, be released on anticipatory bail on furnishing bail bonds

                      of Rs. 5,000/- (Rupees Five Hundred) with two sureties of the

                      like amount each to the satisfaction of the learned trial court

                      where the case is pending/successor court in connection with

                      Alinagar P.S. Case No. 54 of 2024 subject to the conditions as

                      laid down under Section 482 (2) of BNSS.

                                   7. The personal appearance of the SHO and the

                      Investigating Officer of the case is dispensed with.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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