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Patna High Court

Mohammad Mohid @ Mohid @ Md. MohitversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations involved serious offences against a minor.

Summary

The petitioner, Mohammad Mohid, sought anticipatory bail in a case registered under Sections 366 and 366A of the Indian Penal Code for allegedly kidnapping a minor girl for marriage. The FIR alleged that the petitioner forcibly abducted the informant's 14‑year‑old daughter, solemnized a marriage, and kept her for three months. The victim’s statement recorded under Section 164 of the Criminal Procedure Code supported the prosecution’s case. The trial court had already assessed the victim’s age as 14 years, indicating a grave offence involving child marriage. The Patna High Court, after hearing counsel, held that given the seriousness of the allegations and the victim’s corroborated statement, anticipatory bail could not be granted and dismissed the petition.

Issues considered

  • Whether anticipatory bail can be granted in a case involving kidnapping and forced marriage of a minor under IPC Sections 366 and 366A
  • Whether the victim’s statement under Section 164 Cr.P.C. suffices to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child marriage
  • IPC 366
  • IPC 366A
  • CrPC Section 164

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81950 of 2025
                        Arising Out of PS. Case No.-655 Year-2022 Thana- ARARIA District- Araria
                 ======================================================
                 Mohammad Mohid @ Mohid @ Md. Mohit Son of Jakir R/o Village -
                 Baghwara Purab Tola, P.S. - Jokihat, Dist. - Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                                  Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   13-03-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner apprehends arrest in Araria P. S. Case

                   No. 655 of 2022 registered for the offences punishable under

                   Sections 366, 366A of the Indian Penal Code.

                                 3. As per F.I.R., petitioner is alleged to have

                   kidnapped minor daughter of the informant for the purpose of

                   marriage. Victim in her statement, recorded under Section 164

                   of the Cr.P.C., has supported the prosecution case and has stated

                   that this petitioner forcibly kidnapped and solemnized marriage

                   with her and kept her for three months. Trial Court has assessed

                   the age of victim as 14 years.

                                 4. In view of the gravity of the offence and statement
              Patna High Court CR. MISC. No.81950 of 2025(5) dt.13-03-2026
                                                          2/2




                        of the victim recorded under Section 164 Cr.P.C., prayer for

                        anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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