Created by Fuzzy Cloud

Patna High Court

Salamuddin @ Md. SalamuddinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that because the alleged incident amounted to an elopement rather than a forcible abduction, bail could be granted.

Summary

Salamuddin applied to the Patna High Court for bail after learning that he might be arrested in connection with a criminal case (PS Case No. 265 of 2025) alleging abduction under Sections 96 and 3(5) of the Bihar Narcotic Substances Act, 2023, and later Section 12 of the POCSO Act. The prosecution claimed he had abducted a minor girl, while his counsel argued that the girl had voluntarily eloped with him, making the allegation of kidnapping untenable. The court examined whether the alleged conduct constituted a cognizable offence that would justify denial of bail. Finding that the facts pointed to an elopement rather than a forcible abduction, the court concluded that bail was appropriate. Consequently, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNS Act.

Issues considered

  • Whether bail should be granted in a case where the accused is charged with abduction and a POCSO offence but claims the incident was an elopement.
  • Whether the allegations under the Bihar Narcotic Substances Act and the POCSO Act justify denial of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • elopement
  • POCSO Act
  • Criminal Procedure Code
  • Section 438 CrPC
  • Section 482 BNS Act
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89055 of 2025
                  Arising Out of PS. Case No.-265 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Salamuddin @ Md. Salamuddin S/o- Sirajuddin @ Mohammad Serajuddin @
                 Mohmad Serajuddin Resident Of Village-Purandrapur Sathwar, Ps-
                 Goreakothi, Dist- Siwan

                                                                                ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Umesh Yadav S/o- Late Bhikham Yadav R/v- Po- Mahamda Bazar W.No-5,
                 Ps- Bhagwanpur Hat Dist- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Tiwary
                 For the Opposite Party/s :        Mr.Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Bhagwanpur (Hat) P.S. Case No. 265 of 2025

                   registered for the offence under Sections 96, 3(5) of the BNS,

                   2023 and later on Section 12 of the POCSO Act was also added.

                                   3. As per the prosecution case, is said to have

                   abducted the victim.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that from the

                   statement of the victim girl, it appears that she has eloped with
          Patna High Court CR. MISC. No.89055 of 2025(3) dt.23-02-2026
                                                      2/2




                    the petitioner.

                                    5. Considering the fact that this is a case of

                    elopement, this application is allowed.

                                     6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned concerned

                    Court below in connection with Bhagwanpur Hat P.S. Case No.

                    265 of 2025, subject to the conditions laid down in Section

                    438(2) of the Code of Criminal Procedure, 1973 / Section 482 of

                    the BNSS.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.