Patna High Court
Md. RabbanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties of equal amount.
Summary
The petitioner, Md. Rabban, applied for bail in a case registered under Sections 137(2), 96, 3(5) of the BNS, Sections 4 and 6 of the POCSO Act, and Section 9 of the Prohibition of Child Marriage Act, alleging that the alleged victim had eloped with him. The prosecution alleged that the petitioner had abducted the victim. The notice of the bail application was served to the son of the informant, which the court held to be valid despite the absence of the opposite party. The petitioner had been in custody since 8 October 2025. After considering the facts, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, while clarifying that the order was limited to bail and did not prejudice the trial.
Issues considered
- Whether the bail application filed by the petitioner is maintainable despite the absence of the opposite party.
- Whether the notice served to the son of the informant is valid for the purpose of the bail application.
- Whether bail should be granted in a case involving offences under the BNS, POCSO Act and Prohibition of Child Marriage Act.
Legislation cited
- BNS — s. 137(2), 3(5), 96
- Prohibition of Child Marriage Act — s. 9
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- abduction
- POCSO
- child marriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.269 of 2026
Arising Out of PS. Case No.-246 Year-2024 Thana- BHAWANIPUR District- Purnia
======================================================
Md. Rabban S/O Late Md. Rizwan R/O Village- Babhanchakka, Ward No. 02,
P.S.- Bhawanipur, District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. XX S/o Tapendra Mandal R/O Vill.- Babhanchakka, Ward No.1, P.S.-
Bhawanipur, Dist.- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amritesh Kumar
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The notice has been received by the son of the
informant and accordingly, the service of notice is treated to be
valid but none has appeared on behalf of the opposite party no.
02.
3. The petitioner seeks bail in connection with
Bhawanipur P.S. Case No. 46 of 2024 registered for the offence
under Sections 137(2), 96, 3(5) of the BNS and later on Sections
4 and 6 of the POCSO Act and under Section 9 of the
Prohibition of Child Marriage Act.
4. As per the prosecution case, the petitioner is
Patna High Court CR. MISC. No.269 of 2026(4) dt.22-04-2026
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accused of abducting the victim.
5. The petitioner is in custody since 8.10.2025 and
from the reading of the FIR, it appears that the victim has
eloped with the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Bhawanipur P.S.
Case No. 246 of 2024.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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