Md. Murshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29304 of 2026 Arising Out of PS. Case No.-3 Year-2025 Thana- Bhararhi District- Madhepura ====================================================== Md. Murshid S/O Md Jumman R/O Village- Lelin Nagar, Ward No.-04, P.S.- Madhepura (Bharrahi), Dist.- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Pooja Prasad, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhararhi P.S. Case no. 3 of 2025 registered under sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023

3. As per the prosecution case, the informant states that the accused persons including the petitioner herein had kidnapped his 15 year old minor sister for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations levelled in the FIR are false and concocted. The statement of the sister of the informant was recorded in course of investigation wherein she has not supported the prosecution case. The petitioner is

Patna High Court CR. MISC. No.29304 of 2026(3) dt.01-07-2026 2/2 in custody since 22.10.2025 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State. However, it is submitted that in the statement recorded under section 183 of the BNSS, the victim has not supported the prosecution case against the petitioner.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the material that has transpired in course of investigation specially the contents of the statement of the victim recorded under section 183 of the BNSS wherein she does not support the allegations against the petitioner and instead levels counter allegations against the informant i.e. her brother together with the petitioner having remained in custody since 22.10.2025, the Court directs the petitioner to be enlarged on bail in connection with Bhararhi P.S. Case no. 3 of 2025 (Sessions Trial no.70 of 2026) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura. (Partha Sarthy, J) sauravkrsinha/- U T