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Patna High Court

Md. Abu Talib @ Abu Talib @ Raju @ AbutalibversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                      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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