Md. Saroof @ Mohammad Saruf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73892 of 2025 Arising Out of PS. Case No.-176 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Md. Saroof @ Mohammad Saruf S/O Md. Mosleem @ Md. Muslim R/O village- Sahtha, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bela Singh, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 176 of 2025 instituted for the offences under Sections 137(2), 140(3), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused persons, including the petitioner, allegedly entered the informant's room at night and kidnapped her 31⁄2-year-old child, and further threatened to kill her if she did not agree to marry within two days.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. It has been submitted on behalf of the petitioner that the petitioner is
Patna High Court CR. MISC. No.73892 of 2025(3) dt.18-11-2025 2/2 in custody since 05.07.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that victim in her statement recorded under Section 183 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has supported the contents of the FIR. Learned APP further submitted that police, after completion of investigation submitted charge-sheet under Sections 137(2), 140(3), 87, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
6. Considering the aforesaid facts and circumstances of the case as also Section 183 BNSS statement of the victim, this Court is not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of four months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T