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Salman Miya Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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Patna HC
2026
Salman Miya Vs The State of BiharSalman Miya v. The State of Bihar

Dismissed¶20

Salman Miya v. The State of Bihar

Patna HC19 May 2026CR. MISC./22491/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 22491 of 2026, order dt. 19-05-2026 by Ramesh Chand Malviya, J: regular bail prayer of Salman Miya s/o Saheb Miya @ Ibrahim Miya rejected; in custody since 20.11.2025; PS Case 256/2025, Thana Mohammadpur, District Gopalganj; offences under Sections 87 and 3(5) BNS; alleged abduction, marriage and sexual relationship with minor girl (DOB 22.05.2010, aged about 15 years, per Head-master's birth certificate at para-24 of case diary) constituting rape; victim's statement recorded under Section 183 BNSS; case pending for evidence with witnesses supporting prosecution; bail opposed by APP Damodar Prasad Tiwary; counsel for petitioner Saurabh Kumar; impugned order dated 11.03.2026 perused.

What did the court decide?

The court found the victim to be a minor: per the birth certificate issued by the Head-master of school contained at para-24 of the case diary, the victim's date of birth is 22.05.2010, making her aged about 15 years.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether regular bail should be granted to the petitioner, who is in custody in PS Case No. 256 of 2025 registered for offences under Sections 87 and 3(5) of the BNS.

Court's answer

The court found the victim to be a minor: per the birth certificate issued by the Head-master of school contained at para-24 of the case diary, the victim's date of birth is 22.05.2010, making her aged about 15 years.

Ratio / Principle

The court was not inclined to grant regular bail because the petitioner is alleged to have performed the minor victim's marriage and had sexual relationship with her, constituting an offence of rape; the case is pending for evidence and several other witnesses have supported the prosecution case; accordingly the prayer for regular bail was rejected.

Detailed headnote1 paragraphs

Regular bail rejected (Ramesh Chand Malviya, J., order dt. 19-05-2026). Salman Miya (24), in custody since 20.11.2025 in PS Case No. 256/2025, P.S. Mohammadpur, Gopalganj, for offences under Sections 87 and 3(5) BNS, sought regular bail. The FIR alleges he and other co-accused abducted the informant's minor daughter with an intention to marry her. Per para-24 of the case diary (birth certificate issued by the Head-master of school), the victim's date of birth is 22.05.2010, making her about 15 years old, and she is alleged to have been married to the petitioner and subjected to sexual relationship constituting an offence of rape. Her statement was recorded under Section 183 BNSS (counsel submitted she went with the petitioner on her own sweet will and has clean antecedents). With the case pending for evidence and several other witnesses supporting the prosecution, and the APP opposing bail citing the petitioner's direct involvement in the kidnapping, the court was not inclined to grant bail and rejected the prayer.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22491 of 2026

Arising Out of PS. Case No.-256 Year-2025 Thana- MOHAMMADPUR District- Gopalganj

======================================================

Salman Miya, aged about 24 years (Male) Son of Saheb Miya @ Ibrahim Miya @ Ibrahim Mian, Resident of village - Amarpura, P.S.- Mohammadpur, Dist.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurabh Kumar, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 19-05-2026

Heard learned counsel for the petitioner and learned APP for the State through virtual mode, perused the case diary and also perused the statement of the victim girl recorded under Section 183 of the BNSS.

The petitioner is in custody in a case registered for the offence punishable under Sections 87 and 3(5) of the BNS.

As per allegation in the FIR, petitioner and other co-accused persons abducted the minor daughter of the informant with an intention to marry her.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dirty village politics. He next submits that the victim has recorded the statement under Section 183 of the BNSS and stated that she went with the petitioner on her own sweet will, he has got clean antecedent as stated in para-3 of the petition and he is in custody

Patna High Court CR. MISC. No.22491 of 2026(3) dt.19-05-2026 2/2

since 20.11.2025.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is direct involvement for kidnapping of the minor daughter of the informant.

On perusal of the first information report, case diary, impugned order dated 11.03.2026 and in para-24 of the case diary, containing birth certificate of the victim issued by Head-master of school, in which, date of birth of the victim is mentioned as 22.05.2010 from which, victim is aged about 15 years and further alleged that the petitioner has performed her marriage with minor girl and also having sexual relationship with the minor girl to constitute an offence of rape, the case is pending for evidence and several other witnesses have also supported the case of the prosecution, so I am no inclined to grant regular bail of the petitioner.

Prayer for regular bail of the petitioner is hereby

rejected.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether regular bail should be granted to the petitioner, who is in custody in PS Case No. 256 of 2025 registered for offences under Sections 87 and 3(5) of the BNS.¶18
The court held
The court found the victim to be a minor: per the birth certificate issued by the Head-master of school contained at para-24 of the case diary, the victim's date of birth is 22.05.2010, making her aged about 15 years.ratio¶19

Statutes considered

3 provisions across 2 enactments

AI extract

Bharatiya Nagarik Suraksha Sanhita (BNSS)183¶12
Bharatiya Nyaya Sanhita (BNS)87¶13 3(5)¶13

Procedural history

How this case reached the court

AI extract

Order under challenge
Impugned order dated 11.03.2026, perused by the court along with the first information report and case diary; nature and forum of the order are not stated in the judgment.¶19
11.03.2026
Prior proceeding
Case arising out of PS Case No.-256, Year-2025, Thana Mohammadpur, District Gopalganj.¶2
Prior proceeding
Petitioner is in custody in a case registered for the offence punishable under Sections 87 and 3(5) of the BNS.¶13
Prior proceeding
FIR allegation: petitioner and other co-accused persons abducted the minor daughter of the informant with an intention to marry her.¶14
Prior proceeding
Petitioner in custody since 20.11.2025, as submitted by learned counsel for the petitioner.¶17
Prior proceeding
Court perused the statement of the victim girl recorded under Section 183 of the BNSS.¶12

Parties & counsel

AI extract

petitioner
Salman Miya, aged about 24 years (Male) Son of Saheb Miya @ Ibrahim Miya @ Ibrahim Mian, Resident of village - Amarpura, P.S.- Mohammadpur, Dist.- Gopalganj¶4
Saurabh Kumar
respondent
The State of Bihar¶7
Damodar Prasad Tiwary

Coram

AI extract

Ramesh Chand Malviyaauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 19 May 2026 · May
Registered: 30 Mar 2026
Case no.: CR. MISC./22491/2026
CNR: BRHC010319412026
Bench: Ramesh Chand Malviya
Disposal: REJECTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Salman Miya v. The State of Bihar, CR. MISC./22491/2026 (PAT), decided on 19 May 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Bharatiya Nagarik Suraksha Sanhita (BNSS)183
Bharatiya Nyaya Sanhita (BNS)87 · 3(5)

View all statutes

Procedural history6

Impugned order dated 11.03.2026, perused by the court along with the first information report and case diary; nature and forum of the order are not stated in the judgment.11.03.2026
Case arising out of PS Case No.-256, Year-2025, Thana Mohammadpur, District Gopalganj.
Petitioner is in custody in a case registered for the offence punishable under Sections 87 and 3(5) of the BNS.

View full history

Bench / Coram

Ramesh Chand Malviya

Parties & counsel