Alam @ Mahbub Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40409 of 2026 Arising Out of PS. Case No.-113 Year-2026 Thana- KADWA District- Katihar ====================================================== 1.
Alam @ Mahbub Alam S/o- Atabul Hussain @ Ataur Rahman Resident of Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. - Kadwa, DistrictKatiha 2.
Atabul Hussain @ Ataur Rahman S/o- Late Lukman Ali @ Lukaman Resident of Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. - Kadwa, District- Katiha 3.
Saimful @ Saimful Khatun W/o- Atabul Hussain @ Ataur Rahman Resident of Village - Rounia Ward No. 04 (Rohinia) Mallikpur, P.S. - Kadwa, DistrictKatiha ... ... Petitioners/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2026 Heard learned counsels for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 96, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
3. It is alleged that co-accused Ajmat Ali along with two other accused persons kidnapped minor daughter of informant.
4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have committed no offence. Specific accusation of kidnapping is against co-accused
Patna High Court CR. MISC. No.40409 of 2026(2) dt.30-06-2026 2/2 Ajmat Ali and others and petitioners have been made accused in this case merely because petitioner no. 1 is brother, petitioner no. 2 is father and petitioner no. 3 is mother of co-accused Ajmat Ali. During investigation, victim was recovered and in her statement, recorded under Section 183 BNSS, she has not named these petitioners nor alleged any wrong against them. Petitioners claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering statement of the victim recorded under Section 183 BNSS, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, Katihar in connection with Kadwa P. S. Case No. 113 of 2026, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. (Prabhat Kumar Singh, J) Navya/SanjayU T