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Patna High Court

Md Ajad @ Md. AazadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioners sought anticipatory bail in connection with a criminal case (Bachhwara P.S. Case No. 237 of 2024) where they were accused under Section 366(A) of the Indian Penal Code for kidnapping the alleged victim girl. The prosecution alleged that the petitioners had abducted the girl, while the petitioners claimed innocence. The victim’s statement indicated that she had voluntarily eloped with petitioner No. 2. Considering this evidence, the Court examined whether the petitioners were likely to be arrested and if bail was appropriate under the inherent powers of the court. The Court concluded that the circumstances did not warrant denial of bail and granted anticipatory bail with conditions, directing the lower court to release them upon furnishing bail bonds of Rs.10,000 each with two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under Section 366(A) IPC for alleged kidnapping and forced marriage.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Section 366A
  • Indian Penal Code
  • Criminal Procedure Code
  • elopement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43388 of 2025
                   Arising Out of PS. Case No.-237 Year-2024 Thana- BACHHWARA District- Begusarai
                 ======================================================
           1.     Md Ajad @ Md. Aazad son of Md Mahmood Resident of Village-Koraia
                  Hasanpur PS -Hasanpur, Dist- Samastipur
           2.    Md Sutu@ Md Suttu@ Suddo @ Md. Suju son of Md Ashraf Resident of
                 Village-Koraia Hasanpur PS -Hasanpur, Dist- Samastipur
           3.    Anguri @ Anguri Praveen @ Anguri Khatun @ Angeeri Pravin Daughter of
                 Md. Ashraf Resident of Village-Koraia Hasanpur PS -Hasanpur, Dist-
                 Samastipur
           4.    Md Khusbuddin @ Khushboo Khatun @ Md. Khushudin Wife of Md.
                 Ashraf Resident of Village-Koraia Hasanpur PS -Hasanpur, Dist- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Md. Sattar (Male) S/o- Md. Kasim, R/o -Vill- Rani-02, Ward No.-7, P.S.
                 Bachhwara, Dist- Begisarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinod Gautam
                 For the Opposite Party/s :      Mr. Prem Kumar Jha
                                                 Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Bachhwara P.S. Case No. 237 of 2024 registered for offences

                   under Sections 366(A) of the Indian Penal Code.

                                3. As per the prosecution case, the petitioners are

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioners submits that the
            Patna High Court CR. MISC. No.43388 of 2025(5) dt.19-02-2026
                                                        2/2




                      petitioners are quite innocent and have not committed any

                      offence.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. I have considered the submissions of the parties and

                      have perused the materials available on record. From the

                      statement of the victim girl, it appears that she had eloped with

                      the petitioner no. 2 on her own.

                                   7. Considering the aforesaid facts, this application for

                      anticipatory bail is allowed.

                                   8. Accordingly, let the petitioners, above-named, in

                      the event of their arrest or surrender within four weeks from

                      today in the Court below, be released on bail on furnishing bail

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

                      sureties of the like amount each to the satisfaction of learned

                      concerned Court below, Begusarai in connection with

                      Bachhwara P.S. Case No. 237 of 2024, subject to the conditions

                      as laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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