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Patna High Court

Md. JaffarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the alleged involvement of a minor negated the possibility of valid consent.

Summary

The petitioner, Md. Jaffar, sought anticipatory bail in a case registered under Section 96 of the Bharatiya Nyaya Sanhita, 2023, alleging that he induced a minor, the daughter of an informant, to run away for marriage. The petitioner contended that the victim voluntarily accompanied him, as reflected in her statement under Section 180 BNSS, and that the allegations of kidnapping were false. The State opposed bail, emphasizing that the victim was a minor and that a minor's consent is legally invalid. The court examined the submissions and the statutory framework concerning minors and anticipatory bail. Concluding that the involvement of a minor precludes granting bail, the court rejected the petitioner's anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves a minor and the purported consent of the minor is invalid under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • minor
  • consent
  • kidnapping
  • marriage
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 96
  • Section 180

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2706 of 2026
                   Arising Out of PS. Case No.-407 Year-2024 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Md. Jaffar, S/o Md. Taiyab R/o Village - Bank Ward No. 10, P.S - Dandari,
                 District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Braj Bhusan Poddar, Advocate
                 For the Opposite Party/s :      Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Bachhawara P.S. Case No. 407 of 2024 registered for the

                   offence under Section 96 of the Bharatiya Nyaya Sanhita, 2023

                                3. The allegation against the petitioner is that he

                   induced the daughter of the informant and fled away for the

                   purpose of marriage.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case and, in fact,

                   the petitioner and the victim are distant relatives. It has further

                   been submitted that the victim in her statement under Section

                   180 BNSS has categorically stated that it was she who had

                   called the petitioner to the station and they had gone along with
              Patna High Court CR. MISC. No.2706 of 2026(2) dt.28-01-2026
                                                          2/2




                        the petitioner to Delhi and thereafter she even solemnized

                        marriage. It has next been submitted that the petitioner has

                        falsely been implicated and the allegations of kidnapping or

                        enticing is false. It has lastly been submitted that the petitioner

                        carries clean antecedent.

                                     5. Learned APP for the State has opposed the prayer

                        for anticipatory bail and has stated that even if, from the

                        statement of the victim, it would appear that she had gone with

                        the petitioner out of her own will but the fact that she is a minor

                        cannot be denied. It has next been submitted that the consent of

                        a minor is no consent and therefore the petitioner should not be

                        given the liberty of anticipatory bail.

                                     6. Considering the aforesaid submissions of the

                        parties, I am not inclined to enlarge the petitioner on

                        anticipatory bail.

                                     7. The prayer for anticipatory bail of the petitioner is

                        rejected.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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