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Patna High Court

Md. Mahfooz @ Md. Mahfooz RahmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.81770 of 2025(3) dt.20-02-2026
                                            2/4




          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
Patna High Court CR. MISC. No.81770 of 2025(3) dt.20-02-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.81770 of 2025(3) dt.20-02-2026
                                                        4/4




                      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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