Patna High Court
Md. AmirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Md. Amir, sought anticipatory bail fearing arrest in a case (PS No. 1004 of 2025) alleging violation of Section 65(1) of the Bharatiya Nyaya Sanhita, Sections 9 and 10 of the Child Marriage Prohibition Act, and Sections 4 and 6 of the POCSO Act for allegedly marrying an under‑aged girl. He contended that the marriage was conducted under Islamic law, he has no prior criminal record, and he has been falsely implicated. The State opposed the bail application. After hearing both sides, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, and to surrender within six weeks, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of child marriage and offences under the POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 482, 65(1)
- Child Marriage Prohibition Act — s. 10, 9
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- anticipatory bail
- child marriage
- POCSO
- Islamic law
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91020 of 2025
Arising Out of PS. Case No.-1004 Year-2025 Thana- NAWADA District- Nawada
======================================================
Md. Amir S/O Md. Iliyas @ Md. Iliyasauddin Resident of village- Badi
Dargah, Sharif Colony, P.S.- Town Nawada, District- Nawada,
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O Md. Amir, Resident of village- Badi Dargah, Sharif Colony, P.S.-
Town Nawada, District- Nawada,
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Nayan, Advocate
For the State : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Town (Nawada) P.S. Case No. 1004 of 2025 instituted
under Sections 65(1) of the Bharatiya Nyaya Sanhita, Sections
9 and 10 of the Child Marriage Prohibition Act, and Sections 4
and 6 of the POCSO Act.
3. The petitioner is the husband and is alleged to
have got married to an under-aged girl.
4. Learned counsel for the petitioner submits that the
alleged victim/informant and the petitioner had got married as
per Islamic law. The petitioner has no criminal antecedent and
Patna High Court CR. MISC. No.91020 of 2025(2) dt.28-01-2026
2/2
has been falsely implicated in this case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-VI- cum Special Judge,
POCSO, Nawada/ concerned Court in connection with Town
(Nawada) P.S. Case No. 1004 of 2025, subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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