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Patna High Court

Athar Ali@ Md. AtharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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