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Patna High Court

Anwar Mahamad @ Anwar Miyah @ Md. AnwarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, in the absence of direct evidence against the petitioners and given that the principal accused had already been released on bail, anticipatory bail could be granted to the petitioners under Section 482(2) of the B.N.S.

Summary

The petitioners Anwar Mahamad and others applied for anticipatory bail fearing arrest in a kidnapping‑for‑marriage case (Case No. 217 of 2024) under Section 96 of the B.N.S. The prosecution alleged that the petitioners, together with Nejamuddin, abducted the minor daughter of an informant for marriage. The petitioners contended they were falsely implicated, noting that the victim’s statement under Section 183 identified only Nejamuddin as the kidnapper and that Nejamuddin, who had already been granted bail, had married the victim, who was about 18‑19 years old. The court observed that there was no direct evidence against the petitioners, they had no criminal antecedent, and the main accusation rested on Nejamuddin who was already on bail. Consequently, the court ordered anticipatory bail for the petitioners, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 482(2) of the B.N.S. The order aims to ensure the petitioners’ appearance while protecting their liberty pending trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S. in the present kidnapping‑for‑marriage case
  • Whether the petitioners are likely to abscond, tamper with evidence, or influence witnesses
  • Whether the prosecution’s evidence sufficiently links the petitioners to the alleged offence

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child marriage
  • Section 96
  • Section 182
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20956 of 2026
                 Arising Out of PS. Case No.-217 Year-2024 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     Anwar Mahamad @ Anwar Miyah @ Md. Anwar Son of Jakir miyah R/o
                  Vill. - Parsa ward no. 13, P.S. - Pakaridayal, Dist. - East Champaran.
           2.    Manshi Miya @ Manshi Mahamad @ Munshi Miyah Son of Late Mathku
                 Miyah @ Mathaki Miyah R/o Vill. - Parsa ward no. 13, P.S. - Pakaridayal,
                 Dist. - East Champaran.
           3.    Asmudeen Miyan @ Asmudeen Son of Late Mathku Miyah @ Mathaki
                 Miyah R/o Vill. - Parsa ward no. 13, P.S. - Pakaridayal, Dist. - East
                 Champaran.
           4.    Uneshsha Khatun @ Bhifiya Khatun W/o Answar Mahamad @ Anwar
                 Miyah @ Md. Anwar R/o Vill. - Parsa ward no. 13, P.S. - Pakaridayal, Dist. -
                 East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rohit Ranjan, Advocate
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioners apprehending their arrest in connection

                   with Pakridayal P.S. Case No. 217 of 2024 instituted for the

                   offence under Section 96 of B.N.S.

                                3. The case of the prosecution is that the petitioners

                   along with one Nejamuddin have kidnapped the minor daughter

                   of the informant for the purpose of marriage.
Patna High Court CR. MISC. No.20956 of 2026(2) dt.24-04-2026
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                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have falsely been implicated in this

          case. Learned counsel for the petitioners has submitted that

          during course of investigation, the victim was recovered and she

          has given her statement under Section 183 of the B.N.S.S.

          wherein she has stated that one Nezamuddin has kidnapped her.

          It has further been submitted that Nezamuddin has been granted

          bail by this Court vide order dated 22.12.2025 passed in Cr.

          Misc. No. 62930 of 2025 and in that order, it was held that

          Nezamuddin and the victim both are of Muslim community and

          they have solemnized ‘Nikah’ and from perusal of the medical

          examination report regarding age determination, it is clear that

          the age of victim is about 18-19 years. It has further been

          submitted that the main thrust of allegation is against

          Nezamuddin who has already been granted bail by this Court.

          Petitioners are having no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of bail of the petitioners.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioners on bail. The
             Patna High Court CR. MISC. No.20956 of 2026(2) dt.24-04-2026
                                                         3/3




                       petitioners are directed to surrender in the Court below within a

                       period of four weeks from today and in the event of their arrest

                       or surrender in connection with Pakridayal P.S. Case No. 217 of

                       2024, they will be enlarged on bail on furnishing bail bond of

                       Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

                       like amount each to the satisfaction of learned A.C.J.M.-VIII,

                       East Chamaparan, Motihari, subject to the conditions as laid

                       down under section 482 (2) of the B.N.S.S.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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