Saif Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5281 of 2026 Arising Out of PS. Case No.-268 Year-2025 Thana- SUPPI District- Sitamarhi ====================================================== Saif Khan S/o Late Firoz Khan Resident of Village- Akhta, P.S.- Suppi, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

X W/o Y Resident of Sonakhan Ward No. 04, P.S.- Suppi, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP For the O.P. No. 2 :

Mr. Ashok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-04-2026 Heard the learned counsel for the petitioner, the learned APP for the State, and the learned counsel for the O.P. No. 2.

2. The petitioner seeks regular bail in connection with Suppi P.S. Case No. 268 of 2025 registered for the offence under Section(s) 137, 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of taking away the victim for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 15.10.2025.

5. Learned A.P.P. for the State and the learned counsel for the O.P. No. 2 have vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.5281 of 2026(3) dt.27-04-2026 2/2

6. I have considered the submissions of the parties and have gone through the records of the case. From the statement of the victim girl recorded under Section 183 BNSS, it appears that she had eloped with the petitioner on her own.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Suppi P.S. Case No. 268 of 2025.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T