Patna High Court
Md Ajad @ Md. AazadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 366(A)
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
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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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