Md. Ehtesham @ Ehtasam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42837 of 2026 Arising Out of PS. Case No.-58 Year-2026 Thana- PALASI District- Araria ====================================================== Md. Ehtesham @ Ehtasam S/O Md. Shamim Shami Resident Of VillageDehati, Ward No. 11, Police Station- Palasi District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2026 Heard the parties.

2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Palasi P.S. Case No. 58 of 2026 registered for the offences punishable under Sections 96, 352, 351(2), 351(3), 3(5) of BNS.

3. The allegation against petitioner is to kidnap the minor sister of informant aged about 15 years for the purpose of illicit intercourse/ marriage with another person.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the family members of

Patna High Court CR. MISC. No.42837 of 2026(2) dt.07-07-2026 2/3 victim was in process to solemnize her marriage against her will, and as she was in love with this petitioner she left her parental home on her own and solemnized Nikah with this petitioner, whereafter both are living happily together as wife and husband in Purnea. It is submitted that allegation of sexual assault and kidnapping is not available against this petitioner. It is submitted that the fact of love affairs and solemnization of marriage duly supported by victim under Section 183 of the BNSS. Petitioner claimed clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as allegation qua kidnapping and sexual assault prima-facie not appears available against this petitioner out of statement of victim recorded under Section 183 of BNSS, where she categorically stated that she solemnized Nikah with petitioner out of her own sweet will, accordingly petitioner above-named, in the event of his arrest or surrender before the court below

Patna High Court CR. MISC. No.42837 of 2026(2) dt.07-07-2026 3/3 within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Addl. Sessions Judge VI cum Spl. POCSO Judge, Araria /concerned Court, where the case is pending in connection with Palasi P.S. Case No. 58 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T