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Patna High Court

Nabi AnwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

The petitioner, Nabi Anwar, was arrested under sections 64(1) and 140(3) of the Bihar N.S. Act, 2023 for allegedly eloping with and having sexual relations with a 19‑year‑old girl under the pretext of marriage. The petitioner contended that the relationship was consensual, that the couple had solemnised a marriage, and that the victim herself filed an informatory petition seeking protection from her parents. The victim’s statement under Section 183 of the BNSS and a medical report showed no evidence of recent sexual assault, and the petitioner had no prior criminal record. The State opposed bail, but the court noted the lack of a flight risk, the clean antecedent of the petitioner, and the likelihood that the trial would not conclude soon. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding personal appearance before the trial court.

Issues considered

  • Whether bail should be granted to the accused under sections 64(1) and 140(3) of the BNS, 2023 in view of the alleged elopement and alleged sexual relations.
  • Whether the consent of the victim negates the charge of kidnapping or abduction.
  • Whether the petitioner poses a flight risk or threat to the investigation.

Legislation cited

Subjects

  • bail
  • kidnapping
  • elopement
  • consent
  • marriage
  • sections 64(1) and 140(3)
  • criminal procedure
  • Bihar
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74592 of 2025
                  Arising Out of PS. Case No.-297 Year-2024 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Nabi Anwar son of Mazahirul Haque Resident of village - Guna Chaurasi,
                 Ward No.4, P.S. - Bahadurganj, District - Kishanganj
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar, Adv.
                 For the Opposite Party/s :      Mr.Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   13-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with S.Tr. No. 184 of 2025 arising out

                   of Bahadurganj P.S. Case no.297 of 2024 registered under

                   sections 64(1) and 140(3) of BNS, 2023.

                                3. Allegation in the F.I.R is that the petitioner eloped

                   with the victim girl and also established physical relations on

                   the pretext of marriage.

                                4. Learned counsel for the petitioner submits that

                   the victim, who is the daughter of the informant, has been stated

                   to be 19 years old and upon telephonic information received on

                   02.10.2024, the present case was lodged on the following day
Patna High Court CR. MISC. No.74592 of 2025(4) dt.13-02-2026
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          i.e. on 03.10.2024. It is further submitted that petitioner and the

          victim were in a love relationship and they had even solemnized

          marriage, much prior filing of the present case and the deed of

          marriage has also been annexed as Annexure-P/2 to the petition

          along with an informatory petition, filed by the victim herself

          (Annexure-P/3), seeking protection from her parents on the

          apprehension that they may indulge in any untoward incident

          and may also institute a false case against her. Further, statement

          of the victim recorded under Section 183 of BNSS also indicates

          that the petitioner had taken her along to Jharkhand. Learned

          counsel for the petitioner has further submitted that the victim is

          fully grown adult and it is not possible for the petitioner to

          kidnap her and take her away without her consent. The medical

          report also indicates that no sign of recent sexual assault. The

          petitioner has no criminal antecedent and he is in custody since

          27.05.2025. He undertakes to cooperate in the case/trial and

          charges have been framed in the case on 02.08.2025.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that there

          is a possibility of love affair between the petitioner and the
              Patna High Court CR. MISC. No.74592 of 2025(4) dt.13-02-2026
                                                          3/3




                        victim, coupled with the fact that charges have been framed on

                        02.08.2025 and there is no likelihood to conclude the trial in the

                        near future, the petitioner, who is a young boy having clean

                        antecedent, is directed to be enlarged on bail in connection with

                        S.Tr. No. 184 of 2025 arising out of Bahadurganj P.S. Case

                        no.297 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees

                        Ten Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Court concerned where the case is

                        pending/successor Court, subject to the following conditions:-

                                      (I) One of the bailors shall be the father of the

                        petitioner.

                                      (II) The petitioner shall remain physically present in

                        the learned trial Court on each date and shall cooperate in the

                        trial. In case the petitioner is absent on the two consecutive

                        dates without sufficient reasons, the learned trial Court would be

                        at liberty to cancel the bail bonds of the petitioner.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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