Md. Nazam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59725 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Md. Nazam, S/o Md. Rehman R/o Village - Parwa, P.S - Jaynagar, DistrictMadhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Kumari Pallavi, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Jaynagar P.S. Case No. 214 of 2024 registered for the offences punishable under Section 87 of the BNS and later on Sections 64(1) and 3(5) of the BNS was added.

3. The allegation against the petitioner is to kidnap the married daughter of the informant aged about 20 years when she came to her paternal home with her husband.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the victim was in talking terms with petitioner prior to her marriage and the incriminating

Patna High Court CR. MISC. No.59725 of 2025(3) dt.19-11-2025 2/3 statement under Section 183 of the BNSS was made under pressure of her parents. It is submitted that victim was not examined medically as to corroborate the allegation. It is further pointed out that the factual aspects of this case indicates love affairs between the parties prior to the marriage of the victim and as she was not comfortable with her marriage, she out of her own sweet will left her parental home and went Mumbai with petitioner. Explaining criminal antecedent, it is submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP while opposing the prayer of bail submitted that the FIR and the statement of victim as recorded under Section 183 of BNSS, nowhere suggest that she was in love affairs with this petitioner. It is submitted that she was kidnapped by this petitioner while she came to her parental home with her husband. It is submitted that under threat of making video viral she was confined for long three months at Patna and, thereafter, was taken to Mumbai by this petitioner.

6. In view of aforesaid factual submissions and by

Patna High Court CR. MISC. No.59725 of 2025(3) dt.19-11-2025 3/3 taking note of fact as prima facie the factual aspects of this case nowhere suggest that victim was in love affairs with this petitioner or was in living relationship at any point of time prior to lodging this FIR, accordingly, the prayer of anticipatory bail of the petitioner stands rejected for the present.

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