Patna High Court
Athar Ali@ Md. AtharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as a prima facie case exists under the applicable law.
Summary
The petitioner, Athar Ali, sought pre‑arrest bail in a case registered under Sections 191(2), 126(2), 115(2), 64 of the BNS and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, alleging that he had married the informant’s daughter by Nikah and was willing to keep her with dignity. The State and the informant opposed the bail, contending the seriousness of the alleged offences. The court examined the FIR, the petitioner’s claim of a valid marriage, his clean antecedents, and the Supreme Court’s observations in State of U.P. vs. Anirudh. Finding that the petitioner had made out a prima facie case for bail, the court directed that he be released on pre‑arrest bail subject to a bond and sureties, and ordered the district court to verify his criminal antecedents. The bail order is conditional on compliance with Section 482(2) of the BNSS and will lapse if adverse antecedents are discovered.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations under the BNS and POCSO Act.
- Whether the existence of a Nikah marriage influences the bail consideration.
- Whether the prima facie case standard is satisfied for granting bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 191(2), 64
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- pre‑arrest bail
- POCSO Act
- Nikah marriage
- Section 482(2)
- bail jurisprudence
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84848 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Athar Ali@ Md. Athar S/O Late Yaqub Resident of Village - Kundalaya, P.S-
Jalalgarh,Dist.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/O Qamruddin Resident of Village - LachanpurWArd no .- 1, P.S-
Jalalgarh,Dist.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N A Shamsi, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
For the Informant : Mr. Nadimul Hasan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 20-04-2026 Heard Mr. N A Shamsi, learned counsel appearing
on behalf of the petitioner; Mr. Nawal Kishore Prasad, learned
APP for the State and Mr. Nadimul Hasan, learned counsel
appearing on behalf of the Informant.
2. The petitioner seeks pre-arrest bail in connection
with Jalalgarh P.S. Case No. 171/2025 registered for the
offence(s) punishable under Sections 191(2),126(2),115(2),64 of
the BNS and Sections 4,6 of Protection of Children From
Sexual Offences Act.
3. As per the allegation made in the FIR, the petitioner
allegedly established physical relations with the informant’s
daughter on the pretext of marriage, resulting in her pregnancy,
Patna High Court CR. MISC. No.84848 of 2025(4) dt.20-04-2026
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and thereafter assaulted the informant and his relatives.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the present case. Pursuant to a village
panchayati, the petitioner has already solemnized marriage
(Nikah) with the victim on 26.08.2025 (Annexure-2) and is
ready to keep the victim with dignity and without any condition.
The petitioner has clean antecedent. On these grounds, the
petitioner seeks to be released on pre-arrest bail.
5. Learned counsel appearing on behalf of the
informant, as well as, learned APP for the State vehemently
opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegations made in
the FIR, and considering the fact that the petitioner has already
performed Nikah with the victim and is willing to keep her with
dignity and respect without any condition, and in view of the
observations made by the Apex Court in case of State of U.P.
vs. Anirudh & Anr., reported in 2026 LiveLaw (SC) 29, I am of
the opinion that the petitioner has, prima facie, made out a case
to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
Patna High Court CR. MISC. No.84848 of 2025(4) dt.20-04-2026
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released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District Court where the case is pending /
Concerned Court in connection with Jalalgarh P.S. Case No.
171/2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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