Md. Basar @ Md. Basher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28105 of 2026 Arising out of PS. Case No.-259 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== Md. Basar @ Md. Basher, S/o Shmshul Arfin R/o Village- Sarainoor Nagar, P.S- Bachhwara, Dist- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X X Minor Guardianship of Mother Namely X, R/o Village- Sarainoor Nagar, P.O.- Naipur, P.S- Bachhwara, Dist- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the State :

Mr. Rajendra Singh, APP For the OP No. 2 :

Mr. Manoj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in Bachhwara P.S. Case No. 259 of 2025 registered under section 96 of the B.N.S. 2023.

3. The allegation is that a minor girl was kidnapped by the petitioner for the purpose of marriage.

4. Learned counsel for the petitioner submits that the statement of victim under Section 183 BNSS would show that she was taken to a number of places right from Begusarai to Delhi and that she was kept there for long. Thereafter, she was taken to Barauni. She states that the petitioner used to make her

Patna High Court CR. MISC. No.28105 of 2026(3) dt.13-05-2026 2/3 unconscious. There is no allegation of any sexual misconduct against the petitioner. The petitioner is a young boy without any antecedent. The girl has been taken from one place to another apparently in public transport. Hon'ble Supreme Court in a number of cases has held that if a person is taken from one place to another in public transport, there has to be an opportunity to inform the others regarding her predicament. The petitioner is aged about 25 years and bears no criminal antecedent.

5. Learned counsel for the Informant as well as learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Learned counsel for the Opposite Party No. 2 has stated that the victim is a minor and her consent as suggested above would not matter. Moreover, the allegation is that she was kept intoxicated on regular basis.

6. Considering that the petitioner is a young boy without any antecedent and that a hint of relationship could be inferred from the situation for the limited purposes of bail, this court is inclined to grant bail to the petitioner.

7. 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 District Addl. Sessions

Patna High Court CR. MISC. No.28105 of 2026(3) dt.13-05-2026 3/3 Judge-VI-Cum Special Judge of POSCO Act, Begusarai in connection with Bachhwara P.S. Case No. 259 of 2025.

8. 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.

(Ansul, J) Vikash/- U T