Created by Fuzzy Cloud

Patna High Court

Wajir AhmadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.