Patna High Court
Anarul Hak @ Anarul MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond of Rs.10,000, two sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Anarul Hak, was accused of kidnapping the minor daughter of an informant in a case registered under Section 376 of the IPC and Sections 4 and 6 of the POCSO Act. The victim was later recovered and, in a statement recorded under Section 164 of the CrPC, denied the kidnapping and disclosed that she is now a major and has voluntarily married the petitioner. The petitioner asserted his innocence, clean antecedents, and sought anticipatory bail. The State and the informant opposed the bail. Considering the victim’s statement, the petitioner’s clean record, and the circumstances, the Court allowed anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of kidnapping and offences under IPC 376 and POCSO Act.
- Whether the victim’s statement under Section 164 CrPC and her marriage to the petitioner affect the bail decision.
- Whether the petitioner’s clean antecedents justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S.
- Code of Criminal Procedure, 1973 — s. 164, 482(2)
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- kidnapping
- IPC 376
- POCSO Act
- Section 164 statement
- clean antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85057 of 2025
Arising Out of PS. Case No.-222 Year-2022 Thana- MAJHAULIA District- West Champaran
======================================================
Anarul Hak @ Anarul Miya Son of Mumtaj Mian @ Momtaj Miyan Resident
Of Village - Satbhidwa, ward No 12, P.S. - Majhaulia, Dist. - West
Champaran. Under guardianship Mumtaj Miya @ Momtaj Miya aged about
54 years Son of Sahim Miya, R/o Village - Ward no. 12, Satbhidwa, P.S. -
Majhauliya, Dist. - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satynarayan Prasad Son of Ramchandra Bhagat Resident Of Village -
Satbhidwa, ward No 12, P.S. - Majhaulia, Dist. - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ram Kishun Prasad, Advocate
For the State : Mr. Satyendra Prasad, APP
For the Informant : Mr. Rajdeep Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-03-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 376 of the
Indian Penal Code and Sections 4 and 6 of the POCSO Act.
3. As per prosecution case, on 29.03.2022 at about
8:30 AM, minor daughter of informant went to attend coaching
classes and in the meantime, all the F.I.R. named accused
persons, including this petitioner, kidnapped the minor daughter
Patna High Court CR. MISC. No.85057 of 2025(4) dt.17-03-2026
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of informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. During investigation, the victim was
recovered and in her statement recorded under Section 164 of
the Cr.P.C., she denied the factum of kidnapping. Moreover, the
victim is a major and the victim and this petitioner have already
solemnized marriage out of their own sweet will and are now
living together as husband and wife. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 164 of the
Cr.P.C. and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.85057 of 2025(4) dt.17-03-2026
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Bettiah, West Champaran in connection with Majhaulia P.S.
Case No. 222 of 2022, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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