Patna High Court
Wajir AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioners are entitled to bail, subject to conditions, as there is no specific allegation of an overt act against them.
Summary
The petitioners, Wajir Ahmad and Mobina Khatoon, parents of the accused Aftab Ali, filed a bail petition fearing arrest in a case registered under Sections 64(1), 316(2), 318(2) and 3(5) of the Bhartiya Nyaya Sanhita. The FIR alleges that Aftab Ali deceived a woman with a false promise of marriage, transferred Rs. 1 lakh, forcibly married her, and subjected her to torture, while the petitioners are accused of threatening the victim. Counsel for the petitioners argued that the FIR specifically implicates only Aftab Ali and that there is no direct allegation against the parents, who have a clean antecedent. The State opposed bail. Considering the lack of overt act against the petitioners and the circumstances, the Court ordered that they be released on bail upon surrender within eight weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the parents of an accused can be granted bail when the FIR only directly implicates the accused and not the parents.
- Whether the allegations against the petitioners constitute sufficient ground to deny bail under the Bhartiya Nyaya Sanhita.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to impose conditions on bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 316(2), 318(2), 3(5), 64(1)
Subjects
- bail
- criminal procedure
- false promise of marriage
- parental liability
- Section 482
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91703 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- MAHILA PS District- Gopalganj
======================================================
1. Wajir Ahmad Son of Nazir Ahmad Resident of Vill -Mathiya, P.S- Town
police Gopalganj, Dist- Gopalganj
2. Mobina Khatoon Wife of Wazir Ahmad Resident of Vill -Mathiya, P.S-
Town police Gopalganj, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Singh
For the Opposite Party/s : Mrs.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 64(1), 316(2), 318(2)
and 3(5) of the Bhartiya Nyaya Sanhita.
3. Informant alleges that co-accused Aftab Ali
established physical relation with her on the false promise of
marriage and also transferred one lakh rupees online from her
account and also forcibly solemnized marriage with her in
Gopalganj. She further alleges that co-accused Aftab Ali is
committing torture to her and not ready to keep her, and these
petitioners, who are parents of co-accused Aftab Ali, have also
threatened her to kill if she comes to her matrimonial house.
Patna High Court CR. MISC. No.91703 of 2025(2) dt.20-01-2026
2/2
4. Learned counsel for the petitioners submits that as
per F.I.R. itself, specific accusation is against co-accused Aftab
Ali and so far as these petitioners are concerned, they have been
implicated merely because they happen to be father & mother of
co-accused Aftab Ali. There is absolutely no allegation of overt
act against these petitioners. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged 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 S.D.J.M., Gopalganj in connection with
Gopalganj (Mahila) P.S. Case No. 21 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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