Patna High Court
Md. Abu Talib @ Abu Talib @ Raju @ AbutalibversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Md. Abu Talib, was arrested under Sections 96 and 140(3) of the B.N.S. in a POCSO case alleging that he enticed the minor daughter of the informant for marriage. The petitioner claimed the girl, aged 16‑17, voluntarily eloped with him, supported by a statement recorded under Section 183 B.N.S.S. The prosecution argued the minor could not comprehend the consequences of her actions. The court considered the alleged voluntary nature of the act, the petitioner’s clean antecedent, the filing of a charge sheet, and the duration of his custody. Weighing these factors, the court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional safeguards. The bail order required the petitioner’s presence at court dates and stipulated cancellation upon repeated non‑appearance.
Issues considered
- Whether bail can be granted to an accused in a POCSO case where the alleged victim, a minor, claims the act was voluntary
- Whether the petitioner’s clean antecedent and the filing of a charge sheet justify bail despite the seriousness of the offences
Legislation cited
Subjects
- bail
- POCSO
- minor
- voluntary elopement
- Section 96
- Section 140(3)
- Section 183
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73444 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- KASMA District- Aurangabad
======================================================
Md. Abu Talib @ Abu Talib @ Raju @ Abutalib son of Md. Imteyaz Resident
of Village- Khaira Firoz, Police Station- Kasma, District -Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nasima Khatoon wife of Md. Shaukat Ansari Resident of Village- Khaira
Firoz, Ps- Kasma, Dist- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the State : Mr.Ram Bilash Roy Raman, APP
For the Informant/O.P. No. 2: Mrs. Rupa Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel appearing on behalf
of the informant/opposite party no. 2.
02. In the present case, the petitioner seeks bail in
connection with POCSO G.R. No. 60 of 2025, arising out of
Kasma P.S. Case No. 61 of 2025 registered for the alleged
offences under Sections 96 and 140(3) of B.N.S.
03. As per prosecution case, the minor daughter of the
informant was enticed away by the petitioner with intention of
marrying her.
04. Learned counsel for the petitioner submits that the
daughter of the informant has returned and her statement under
Patna High Court CR. MISC. No.73444 of 2025(3) dt.21-01-2026
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Section 183 B.N.S.S. has been recorded, wherein she stated that
she has been knowing the petitioner for last four years and for
solemnizing the marriage, she called the petitioner and they
went away to Vishakhapatnam and returned after call from their
family members, who assured them to solemnize their marriage.
Learned counsel further submits that this statement goes on to
show it was the daughter of the informant, who called out the
petitioner and both of them are in love and they eloped from
their house. The victim girl refused to undergo any medical
examination. The petitioner is a boy aged about 20 years and
bears no criminal antecedent. The petitioner is in custody since
16.05.2025 and charge sheet has been submitted.
05. Learned APP as well as learned counsel appearing
on behalf of the informant/opposite party no. 2 vehemently
oppose the submission made on behalf of the petitioner. Learned
counsel for the informant submits that the daughter of the
informant is minor aged about 16 years and she is not in a
position to understand the consequence.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
voluntary nature of the act of the victim girl aged 16-17 years, at
which a girl develops sufficient majority and further considering
Patna High Court CR. MISC. No.73444 of 2025(3) dt.21-01-2026
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the period of custody of the petitioner, his clean antecedent and
submssion of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-VI,
Aurangabad/concerned Court in connection with POCSO G.R.
Case No. 60 of 2025, arising out of Kasma P.S. Case No. 61 of
2025, subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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