Patna High Court
Md. Subhani @ SubhahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, parents of an accused, applied for anticipatory bail in a case where their son was alleged to have engaged in a relationship with a minor, refused marriage, and allegedly produced and circulated an obscene video of the minor. The FIR also alleged that the petitioners threatened the informant and abused him. The petitioners argued that the allegations against them were general and omnibus, while the co-accused faced specific charges of rape and video circulation. The court considered the nature of the allegations, the sections invoked (including offences under the Bhartiya Nyaya Sanhita and the procedural provision of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita), and the principle of anticipatory bail. Finding that the allegations against the petitioners were not specific enough to deny bail, the court granted them anticipatory bail subject to bond and surety conditions. The order directed release on bail if arrested within four weeks, with compliance of the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the FIR containing general and omnibus allegations of abuse and threats.
- Whether the specific allegations against the co-accused extend to the petitioners warranting denial of bail.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate for the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 3(5), 352, 65(1)
Subjects
- anticipatory bail
- sexual offences
- minor
- obscene video
- general and omnibus allegation
- Section 482(2)
- POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88785 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- ALINAGAR District- Darbhanga
======================================================
1. Md. Subhani @ Subhahani S/o Late Fida Hussain R/o Village- Pauri, Ps-
Bahera, Dist- Darbhanga
2. Shabila Khatoon W/o Md. Subhani R/o Village- Pauri, Ps- Bahera, Dist-
Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Abulkhair S/o Late Md. Ishak R/o vill - Harihat, P.S.- Alinagar, Distt.-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidya Nath Prasad
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Alinagar Police Station Case No. 223 of 2025, dated
15.10.2025, disclosing offences punishable under
Sections 65(1)/318(4)/352/3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.88785 of 2025(2) dt.15-01-2026
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is that the son of the petitioners established physical
relationship with the minor daughter of the informant on
the pretext of marriage for eight months and later on, he
refused to marry her. When the informant went to the
petitioners to make a complaint and for marriage of her
daughter with their son, but the petitioners abused him
and threatened him to implicate in false case. The son of
the petitioners has also made viral the obscene video of
the minor daughter of the informant.
4. Learned Counsel for the petitioners submits that the
petitioners are the father and mother of the co-accused
Alimusa Ansari, against whom there is allegation of rape
and making the obscene videos of the minor daughter of
the informant viral. He further submits that there is
general and omnibus allegation against the petitioners of
abusing the informant.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
there is general and omnibus allegation against the
petitioners, who are the father and mother of the co-
accused, Alimusa Ansari, against whom there is specific
allegation of rape and making the obscene video viral, I
Patna High Court CR. MISC. No.88785 of 2025(2) dt.15-01-2026
3/3
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Special Judge, POCSO,
Darbhanga, in connection with Alinagar Police Station
Case No. 223 of 2025, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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