Patna High Court
Md. FarhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the bail application, granting bail to the petitioners with conditions.
Summary
The petitioners, three young students, were arrested in connection with a case registered under Sections 137(2) and 140(3) of the B.N.S. Act alleging kidnapping of a minor girl. The father of the girl reported her missing, and the prosecution alleged the petitioners abducted her with intent to take her to Nepal for sale. The petitioners contended they were falsely implicated, asserting the girl had voluntarily accompanied them and that no force was used, as reflected in her statement. The State opposed bail, maintaining the seriousness of the alleged kidnapping. Considering the victim’s admission that no force or inappropriate conduct occurred, the Court granted bail to the petitioners subject to monetary and procedural conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 140(3) of the B.N.S. Act in view of the victim’s statement and the nature of the alleged offence
Legislation cited
- B.N.S. Act — s. 137(2), 140(3)
Subjects
- bail
- kidnapping
- minor
- false implication
- victim statement
- B.N.S. Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90285 of 2025
Arising Out of PS. Case No.-666 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
1. Md. Farhan Son of Saheb Miyan Resident of Village - Bhawari, Police
Station - Balthar, Dist. - West Champaran.
2. Raja Alam Son of Anarudh Miya Resident of Village - Bhawari, Police
Station - Balthar, Dist. - West Champaran.
3. Najre Alam Son of Tatah Miyan @ Fatli Miya Resident of Village -
Bhawari, Police Station - Balthar, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Abu Shajar, Adv.
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with Ram
Krishna Nagar P.S. Case No. 666 of 2025 dated 12.08.2025
registered for the offences punishable under Sections 137(2) and
140(3) of the B.N.S. Act.
3. As per the prosecution case, the father of a minor
daughter lodged a written report that his daughter had gone out
of the house and did not return. It has been alleged that the
informant had tried to contact her on mobile, he came to know
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that she was at Gandhi Maidan and thereafter, her mobile was
switched off.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case. It has
further been submitted that the petitioners were friends of the
daughter of the informant and she had gone along with the
petitioners out of her own sweet will and from perusal of the
F.I.R., it would be evident that she had even taken the call of her
father initially and thereafter, the same was switched off. It has
further been submitted that the petitioners are young students
studying in various colleges and they belong to a respectable
family having no criminal antecedent. It has lastly been
submitted that the petitioners are in custody since 14.08.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioners and submitted that the petitioners were
involved in kidnapping of a minor child. It has further been
submitted that the victim was being taken to Nepal to sell
however, she was rescued at the boarder.
6. Considering the aforesaid submission and taking
into account the fact that there is an admission by the victim, in
her statement categorically stating that nobody had used force
against her and they had not even tried to touch her
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inappropriately, in view of the aforesaid, the petitioners are
directed to be released on bail on their furnishing bail bonds in
the sum of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of learned Court
below where the case is pending/successor court in connection
with Ram Krishna Nagar P.S. Case No. 666 of 2025 subject to
the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioners and in case at any stage, it is found that the
petitioners have concealed their criminal antecedents, the trial
court shall take step for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for purpose of
or in the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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