Sajud Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69954 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- Kashnagar District- Saharsa ====================================================== Sajud Mian S/o Md. Bakrid Mian R/o Village - Sarbela, Ward No. 10, P.S - Banma Itahari, District - Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sajjad Mian S/o Late Bajul Mian R/o Village - Palrahi, Ward No. 01, P.S - Kashnagar, District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2025 Heard Mr. Vikram Singh, learned counsel for the petitioner and Mr. Satya Nand Shukla, learned APP for the State.

2. The petitioner has prayed for bail in connection with Kashnagar P.S. Case No. 46 of 2025 registered for the offence punishable under Sections 137, 96, 3(5) of the B.N.S., 2023 and Sections 8 & 12 of the POCSO Act.

3. The case of the prosecution 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. He also submits that from the order of the learned trial court, it is apparent that the victim in her statement under Section 180 of the BNSS,

Patna High Court CR. MISC. No.69954 of 2025(2) dt.08-10-2025 2/2 wherein she has stated that on 25.05.2025, she went with her brother-in-law (the accused) on a bike and from there, she went to Delhi by train and started wandering there. She returned from there on 21.06.2025. He also submits that the victim has also given an application before the police station that as his father was fixing her marriage with an old age person, she went with the petitioner. It is a case of elopement. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 24.06.2025.

5. The application for bail is opposed by learned APP for the State.

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 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), Saharsa in connection with Kashnagar P.S. Case No. 46 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U