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Patna High Court

Md. Ashik @ Md. Ashik AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioner, Md. Ashik, sought anticipatory bail fearing arrest in a case registered under several sections of the Bihar Negotiable Statutes, 2023. He asserted that he had a clean record, had eloped and married the alleged victim, who is a major according to her matriculation certificate showing a birth date of 07-11-2006. The informant contested the victim's date of birth, citing earlier school records indicating 07-11-2008, but the counter‑affidavit did not dispute the matriculation certificate. The court held that the birth‑date dispute could not be resolved in the bail proceeding and that the petitioner’s claim of the victim being a major was sufficient for bail considerations. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged offences under Sections 137(2), 96, 61(2)(a), 352, 351(2) and 3(5) of the BNSS.
  • Whether the alleged victim’s age, as contested, affects the grant of anticipatory bail.
  • Whether a dispute over the victim’s date of birth can be adjudicated in the anticipatory bail application.
  • Application of Section 482(2) of the BNSS in granting anticipatory bail.

Subjects

  • anticipatory bail
  • age of victim
  • date of birth dispute
  • Section 482
  • BNSS
  • criminal procedure
  • elopement
  • marriage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58985 of 2025

                      Arising Out of PS. Case No.-562 Year-2024 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Md. Ashik @ Md. Ashik Ansari S/oMd. Nijam @ Md. Najim R/o Village-
                 Sursand East, Ward No. 04, Nagar Panchayat Ward No. 03, P.S.- Sursand,
                 District- Sitamarhi


                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mahesh Prasad S/o Late Apat Prasad R/o Village- Sursand, Nagar Panchayat
                 ward no. 3, P.S.- Sursand, District- Sitamarhi


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Chandra Shekhar Sharma, Advocate
                 For the Opposite Party/s :        Mr. Amitesh Kumar, APP
                 For the Informant        :        Mr. Ajay Kumar Verma, Advocate
                                                   Mr. Chitransh Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                   ORAL ORDER


4   01-05-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 137(2), 96,

                   61(2)(a), 352, 351(2) and 3(5) of the BNS, 2023.
Patna High Court CR. MISC. No.58985 of 2025(4) dt.01-05-2026
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                       3. Learned counsel for the petitioner submits that

          petitioner is a person with clean antecedent and was in love with

          the victim, they eloped and they performed their marriage. It is

          also submitted that victim is a major and as per her

          matriculation certificate annexed at Page-23 of the anticipatory

          bail application. It is also submitted that the statement of the

          victim was recorded under Section 183 BNSS wherein she has

          not supported the case of the prosecution, rather has stated that

          she had accompanied the petitioner to Hyderabad where they

          performed their marriage, it is also submitted that as per

          matriculation certificate, the date of birth of the victim is

          07.11.2006. It is next submitted that a counter affidavit has been

          filed on behalf of the informant, but then the counter affidavit

          does not dispute the matriculation certificate, on which the

          learned counsel appearing on behalf of the informant submits

          that from perusal of Annexure- R/1 to the counter affidavit, it

          would manifest that the same is a letter issued by SDP Sr.

          Secondary School, Hazuri Road, Ludhiyana wherein it is

          recorded that-

                                    “Subject- Regarding Date of Birth of Ms.
                          Sonali D/o Sh. Mahesh Parsad,
                                    Sir- In the above reference and subject
                          received through E-mail this is to submit that Ms.
                          Sonali D/o Sh. Mahesh Parsad got admitted in this
                          school on 04.04.2018 in sixth standard bearing
Patna High Court CR. MISC. No.58985 of 2025(4) dt.01-05-2026
                                            3/4




                          admission no. 7593 and Date of Birth as per Admission
                          Withdrawal Register record is 07.11.2008.

                                     She got admitted in 9th standard on
                          01.07.2021 by producing an updated Aadhaar Card
                          having Date of Birth 07.11.2006,
                                     As per 9th class admission withdrawal
                          register record her DOB is 07.11.2006 and Admission
                          No. is 9238.”

                       4. It is thus, submitted by the learned counsel

          appearing on behalf of the informant that initially when the

          victim was admitted in the school, her date of birth was

          recorded as 07.11.2008, but subsequently it appears that when

          she was admitted in 9th standard, she got her Aadhaar Card

          updated and thereafter her date of birth was recorded as

          07.11.2006, on which the learned counsel appearing on behalf of

          the petitioner submits that such dispute cannot be adjudicated in

          the present proceeding, when matriculation certificate records

          the date of birth of the victim as 07.11.2006

                       5. After hearing the learned counsel for the parties,

          the petitioner above-named, in the event of his arrest or

          surrender within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/successor court in connection with Sursand P.S. Case
            Patna High Court CR. MISC. No.58985 of 2025(4) dt.01-05-2026
                                                        4/4




                      No. 562 of 2024 subject to the conditions as laid down under

                      Section 482 (2) of BNSS.

                                   6. Accordingly, the instant anticipatory bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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