Patna High Court
Nabi AnwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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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