Md. Kalam ashraf @ Kalam ashrafversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66755 of 2025
                   Arising Out of PS. Case No.-94 Year-2025 Thana- SURYAGARHA District- Lakhisarai
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                 Md. Kalam Ashraf @ Kalam Ashraf, Son of Gulam Subhani R/o Village -
                 Haldi, P.S. - Suryagarha - District - Lakhisarai, Bihar.
                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-02-2026                  1. Heard learned counsel for the petitioner, learned

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

                   the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 318(4),

                   352, 53, 64(2)(1), 81 and 303(2) of the BNS.

                                3. Learned counsel appearing on behalf of the

                   petitioner submits that father of the informant had earlier

                   instituted Suryagarha P.S. Case No. 133 of 2012 dated

                   25.07.2012 against the petitioner alleging that he kidnapped his

                   minor daughter. It is further submitted that in the said case, the

                   police, after investigation, submitted final form. It is next

                   submitted that statement of the victim was recorded under

                   Section 164 Cr.P.C. in the said case, wherein she had not

                   supported the case of the prosecution. It is also submitted that
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          after final form was submitted, the learned trial court accepted

          the same but 13 years thereafter in the year 2025 the instant FIR

          came to be instituted by the informant who was victim of

          Suryagarha P.S. Case No. 133 of 2012. It is submitted that

          petitioner and the informant have performed their marriage and

          were living as husband and wife and out of the wedlock, a child

          was born who presently is 11 years of age. It is further

          submitted that the instant case came to be instituted alleging that

          petitioner and the informant belonged to two different religions

          and after the earlier case got over, the petitioner started showing

          his true colour and did not perform his marriage and started

          pressurizing the informant to convert her religion, on objection

          the petitioner assaulted her apart from other allegations.

                       4. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposed the prayer for

          anticipatory bail of the petitioner. Learned counsel appearing on

          behalf of the informant submits that no doubt, in the earlier case

          the victim had not supported the case of the prosecution leading

          to submission of final form but then after the earlier case was

          concluded the petitioner started showing his true colour and did

          not marry the opposite party no. 2 and even used to torture the

          informant of the instant case. It is further submitted that process
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                     under Sections 82 and 83 Cr.P.C. has been issued.

                                  5. Considering the submissions made by the learned

                     counsel appearing on behalf of the informant and the fact that

                     process under Sections 82 and 83 Cr.P.C. has been issued, the

                     Court is not inclined to extend the privilege of anticipatory bail

                     to the petitioner in connection with Suryagarha P.S. Case No. 94

                     of 2025 pending in the Court of learned Chief Judicial

                     Magistrate, Lakhisarai/Successor Court.

                                  6. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T