Patna High Court
Md. Ashik @ Md. Ashik AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
2/4
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
Checking your session…