Patna High Court
Noor Alam @ Md. Noor AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner does not deserve anticipatory bail and the application is rejected.
Summary
The petitioner, Noor Alam, sought anticipatory bail fearing arrest in a case (No. 233 of 2024) involving alleged kidnapping and forced marriage of the informant's younger daughter, with offences charged under Section 87 of the Bihar Negotiable Instruments Act. He claimed innocence, alleging political victimisation, and highlighted his clean antecedents. The State opposed bail, relying on the victim's statement recorded under Section 183 of the Bihar Negotiable Instruments (Special) Act, which alleged that the petitioner and a co‑accused kidnapped and forcibly married the victim. After considering the allegations and the seriousness of the charges, the court held that the petitioner was not entitled to anticipatory bail. Consequently, the anticipatory bail application was rejected, with a direction that the petitioner may apply for regular bail after surrendering before the lower court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the kidnapping and forced marriage allegations.
- Whether the victim's statement under Section 183 of the BNSS suffices to deny anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 87
Subjects
- anticipatory bail
- kidnapping
- forced marriage
- criminal procedure
- Section 87
- Section 183
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6437 of 2026
Arising Out of PS. Case No.-233 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Noor Alam @ Md. Noor Alam S/o Late Mnjoor Alam R/o Khorwa, Dalan,
P.S.- Katihar Muffasil, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Katihar Muffasil P.S. Case No. 233 of 2024, registered for
the offences punishable under Section 87 of BNS.
3. The petitioner’s marriage was solemnized with
elder daughter of the informant. He kidnapped the younger
daughter of the informant and took her to Malda, West Bengal.
The informant asked Rabina Khatoon, Md. Mosim, Nagina
Khatoon, Md. Dilshad, Neshara Khatoon, and Md. Izhar, who
are relatives of the petitioner, upon which they abused and
threatened the informant.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.6437 of 2026(2) dt.06-02-2026
2/2
that the petitioner is innocent and has falsely been implicated
due to local politics. The allegation is general and omnibus. He
is a person of clean antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail and submitted that the victim, in her
statement recorded under Section 183 of the BNSS, has stated
that the petitioner along with co-accused Izhar kidnapped her
and forcibly solemnized marriage with her.
6. Considering the above-mentioned facts and
circumstances, the petitioner doesn’t deserve the privileges for
anticipatory bail. Accordingly, it is rejected.
7. If the petitioner surrenders before the learned court
below and makes a prayer for regular bail, the learned court
below shall pass order, without being prejudiced by this order.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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