Patna High Court
Salamuddin @ Md. SalamuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 12
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
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