Patna High Court
KhabirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
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
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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.
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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
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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
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