Created by Fuzzy Cloud

Patna High Court

KhabirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to pre‑arrest bail subject to the stipulated conditions.

Summary

The petitioners Khabir, Ameen and Azhar were arrested in connection with a case alleging kidnapping, rape, and video recording of the victim, the informant's daughter, under Section 70(1) of the BNS. They contended that they were falsely implicated because the victim and co‑accused Musfique were in a consensual relationship, which the victim acknowledged in a statement under Section 183 of the BNSS, and asserted their clean antecedents. The State opposed the bail application. The Court examined the FIR, the victim’s statement, and the petitioners’ clean record, and concluded that the allegations did not preclude bail. Accordingly, the Court ordered that the petitioners be released on pre‑arrest bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order also directed the District Court to verify any other criminal antecedents, which could nullify the bail order.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail in a case involving kidnapping, rape, and video recording under Section 70(1) of the BNS
  • Whether the victim’s consensual relationship with a co‑accused and her statement under Section 183 of the BNSS affect the bail consideration

Legislation cited

  • BNS — s. 70(1)
  • BNSS — s. 183, 482(2)

Subjects

  • kidnapping
  • rape
  • video recording
  • pre‑arrest bail
  • false implication
  • clean antecedents
  • Section 70
  • Section 183
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9596 of 2026
                          Arising Out of PS. Case No.-111 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
           1.     Khabir, Male, aged about 21 years, Son of Zakkar
           2.    Ameen @ Md. Ameen, aged about 20 years, Son of Ismail @ Md. Ismail
           3.    Md. Azhar @ Md. Azhar Alam, aged about 21 years, Son of Saraful @
                 Asraful
                 All are resident of Village- Ziyagachhi, P.S.- Baisi, District- Purnea

                                                                                      ... ... Petitioner/s

                                                         Versus

           1.    The State of Bihar
           2.    X W/o Md. Tanjur, Vill- Bairiya, Panchyat- Minapur, P.S.- Baysi, Distt-
                 Purnea

                                                                                ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Md Fazle Karim, Advocate
                 For the Opposite Party/s :         Mr.Tarun Prasad Mandal, APP

                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                                    ORAL ORDER

3   06-05-2026                       Heard Mr. Md Fazle Karim, learned counsel

                   appearing on behalf of the petitioners and Mr. Tarun Prasad

                   Mandal, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Baisi P.S. Case No. 111 of 2025 registered for the

                   offence(s) punishable under Sections 70(1) of the BNS.

                                3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners have kidnapped
Patna High Court CR. MISC. No.9596 of 2026(3) dt.06-05-2026
                                            2/4




          the daughter of the informant and thereafter committed rape

          with her and also made video of the rape incident. The accused

          persons also threatened the informant that they will make the

          video viral.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent and have

          been falsely implicated in the present case. It is further

          submitted that one co-accused, Md. Musfique, and the

          informant’s daughter were in a love affair and were allegedly

          found in a compromising position in a maize field, whereupon

          these petitioners informed the informant about their relationship.

          Due to this, the informant has also falsely implicated the

          petitioners in the present case. Learned counsel further

          submitted that the co-accused, Md. Musfique, and the

          informant’s daughter were in a consensual relationship, which

          has been duly acknowledged by the girl in her statement

          recorded under Section 183 of the BNSS. In the said statement,

          she has expressed her desire to solemnize marriage with Md.

          Musfique and to reside with him. It is also submitted that the

          petitioners have clean antecedents. On these grounds, the

          petitioners seek to be released on pre-arrest bail.
Patna High Court CR. MISC. No.9596 of 2026(3) dt.06-05-2026
                                            3/4




                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, and upon perusal of the allegations made in the

          FIR, as well as, the statement of the victim recorded under

          Section 183 of the BNSS, it appears that Md. Musfique and the

          informant’s daughter were in a relationship, which has been

          acknowledged by the girl in her said statement. She has further

          expressed her desire to solemnize marriage with Md. Musfique

          and to reside with him. Considering the aforesaid facts and

          circumstances, and taking into account that the petitioners have

          clean antecedents, the petitioners are directed to be released on

          pre-arrest bail in the event of their arrest or surrender before the

          learned District Court within a period of four weeks from today,

          on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned C.J.M., Purnea / Concerned Court in connection with

          Baisi P.S. Case No. 111 of 2025, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                       7. The learned District Court is directed to verify

          the criminal antecedent of the petitioners and if it is found

          that the petitioners are involved in some other cases, as
           Patna High Court CR. MISC. No.9596 of 2026(3) dt.06-05-2026
                                                       4/4




                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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.