Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41218 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- RUPAULI District- Purnia ====================================================== Md. Danish son of Md. Mozahir Resident of Village- Dobha Islampur, PsRupauli, Dist- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX Son of YYY Resident of Village- Dobha Goth Ward no. 15, PsRupauli, Dist- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2), 96 and 3(5) of the B.N.S.

3. The case of the prosecution, in short, is that the petitioner has kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that during course of investigation, the victim has given her

Patna High Court CR. MISC. No.41218 of 2026(2) dt.29-06-2026 2/3 statement under Section 183 of the B.N.S.S. Learned trial Court has recorded in its order that the victim has stated in her statement under Section 183 of the B.N.S.S. that on 11.04.2026, she went to Delhi with the petitioner for solemnizing marriage but the marriage was not solemnized as the case was filed. The petitioner works at Delhi. They were in relationship. She has further stated that the petitioner has established physical relationship with her but she was not ready for medical examination. Everything was with consent. Learned counsel for the petitioner has further submitted that from perusal of the order of learned trial Court it also transpires that that age of the victim was 17 years, 04 months on the date of the occurrence. She was approaching majority and was in relationship with the petitioner. It has further been submitted that it is a clear cut case of elopement. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 16.04.2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.41218 of 2026(2) dt.29-06-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Purnea in connection with Rupauli P.S. Case No. 35 of 2026.

(Ashok Kumar Pandey, J) lata/- U T