Patna High Court
Md. Mahfooz @ Md. Mahfooz RahmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is entitled to anticipatory bail as the victim’s statement indicates a voluntary relationship and no coercion, and the co‑accused have already been granted bail.
Summary
The petitioner, Md. Mahfooz Rahman, sought anticipatory bail after an FIR was lodged under IPC Sections 366(A) and 34 alleging that he, along with co‑accused, abducted a girl for a forced marriage. The petitioner contended that the alleged victim voluntarily left her home, went to Nepal and later to Mumbai, where she met and married him of her own free will, and that the co‑accused had already been granted anticipatory bail in a related matter. The State opposed the bail, arguing the seriousness of the kidnapping charge. The Court examined the FIR, the victim’s statement recorded under Section 183 of the BNSS, and noted the absence of coercion, the victim’s adult status, and the clean antecedents of the petitioner. Relying on these facts and the precedent of granting bail to the co‑accused, the Court inclined to grant anticipatory bail, subject to bond and surety conditions under Section 482(2) of the BNSS. Consequently, the petitioner was ordered to be released on anticipatory bail if arrested within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR under IPC Sections 366(A) and 34.
- Whether the victim’s voluntary statement under Section 183 of the BNSS negates the element of kidnapping and justifies bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 366A
Subjects
- anticipatory bail
- kidnapping
- forced marriage
- IPC 366A
- Section 34 IPC
- victim statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81770 of 2025
Arising Out of PS. Case No.-428 Year-2015 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Md. Mahfooz @ Md. Mahfooz Rahman, Male, aged about 29 years, Son of
Sakeeb @ Shakil Ahmad, Resident of Village- Katahan Loknathpur, P.S-
Mofassil, Motihari, District- East Champran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Rishika Aarya, Advocate
Ms. Mandavi Kumari, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mufassil P.S. Case No. 428 of 2015 instituted for the
offences punishable under Sections 366(A) / 34 of the Indian
Penal Code.
3. As per allegation in the FIR, the petitioner along
with other co-accused persons abducted the daughter of the
informant for the pretext of marriage.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
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been implicated in this case. He submits that the victim was
recovered and she got examined under Section 183 of the BNSS
in which she has stated that she left her house due to torture of
her mother and went to Nepal with her aunt and, thereafter, she
went to Mumbai, where she met with the petitioner and came in
relationship and performed her marriage with the petitioner. He
further submits that the petitioner is living with her peacefully
as a husband and wife. He next submits that co-accused namely
Sakeeb @ Shakil Ahmad, Jaibun Nesha and Faijan Ahmad have
already been granted anticipatory bail by a Co-ordinate Bench
of this Court in Cr. Misc. No. 13335 of 2016 vide order dated
01.04.2016. Petitioner has got clean antecedent as stated in para
3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR, case diary, statement of
the victim recorded under Section 183 of the BNSS and the
impugned order of the learned District and Additional Sessions
Judge-I, East Champaran, Motihari dated 18.08.2025, it appears
that on the basis of written report of the informant, FIR has
been registered under Sections 366(A) / 34 of the Indian Penal
Code against four co-accused persons including the present
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petitioner. From perusal of the statement of the victim recorded
under Section 183 of the BNSS, in which she has stated that she
left her house due to torture by her mother and went to Nepal in
the year 2015 with her aunt. She has also stated that she went to
Mumbai in the year 2020 from where she met with the
petitioner and performed marriage with the petitioner (Md.
Mahfooz @ Md. Mahfooz Rahman) and live with the petitioner
as a wife, so in the above circumstances, it appears that the
petitioner is not using any coercion for kidnapping the victim
and the victim is also major and similarly situated co-accused
persons namely Sakeeb @ Shakil Ahmad, Jaibun Nesha and
Faijan Ahmad have already been granted anticipatory bail by a
Co-ordinate Bench of this Court in Cr. Misc. No. 13335 of 2016
vide order dated 01.04.2016, so considering all these aspects of
the case and submission of learned counsel for the petitioner, I
am inclined to grant anticipatory bail to the above named
petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the Court below within
six weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
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Chief Judicial Magistrate, East Champaran, Motihari in
connection with Muffasil P.S. Case No. 428 of 2015, subject to
the conditions laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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