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Patna High Court

Md. AslamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted pre‑arrest bail to the petitioner, directing his release upon surrender, subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Md. Aslam, applied for pre‑arrest bail in a case registered under Sections 137 and 87 of the BNS, alleging that he had a relationship with the informant’s daughter while already being married to two other women. The informant claimed the petitioner misrepresented his marital status. The petitioner asserted his innocence, clean antecedent, and willingness to marry the informant’s daughter, seeking release on bail. The State opposed the bail. The Court, after considering the FIR and the nature of marriage under Muslim law, held that the petitioner had made a prima facie case for bail and ordered his release on pre‑arrest bail subject to conditions under Section 482(2) of the BNSS, with a directive for the District Court to verify his criminal antecedents and to facilitate mediation as per Naushey Ali’s precedent.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS in a case involving alleged bigamy under Muslim personal law.
  • Whether the allegations in the FIR constitute a sufficient ground to deny bail.
  • Whether the court may direct mediation in accordance with the Naushey Ali judgment.

Legislation cited

  • BNS — s. 137, 87
  • BNSS — s. 482(2)

Subjects

  • pre‑arrest bail
  • Section 482
  • Muslim personal law
  • bigamy
  • criminal procedure
  • mediation
  • BNSS
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91860 of 2025
                      Arising Out of PS. Case No.-463 Year-2024 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Md. Aslam S/o Md. Gaffar R/o Mohalla - Mogalpura, Pakki Goraiya, Patna
                 City, P.S - Khajekalan, P.O - Jhauganj, District - Patna, Pin - 800008
                 Permanent Resident of - Bhadrak Town, Bhadrak Odisha, P.S - Bhadrak, P.O -
                 Bhadrak, District - Bhadrak
                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Arvind Kumar, Advocate

                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   19-03-2026                    Heard Mr. Arvind Kumar, learned counsel appearing

                   on behalf of the petitioner and Mr. Bhanu Pratap Singh, learned

                   APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Khajekalan P.S. Case No. 463/2024 registered for the

                   offence(s) punishable under Sections 137/87 of the BNS.

                                 3. As per the allegation made in the FIR, the

                   informant, being the father of the victim, has alleged that the

                   petitioner developed a relationship with his daughter on the

                   pretext of marriage. However, it later came to his knowledge

                   that the petitioner was already married and had two wives.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91860 of 2025(3) dt.19-03-2026
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          petitioner submitted that the petitioner is innocent and he has

          falsely been implicated in the present case. The petitioner and

          the informant belong to the Muslim community. The petitioner

          is willing to live with the informant’s daughter. The petitioner

          has clean antecedent. On these grounds, the petitioner seeks to

          be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR and considering that marriage under Muslim law is a

          contractual relationship, and in the absence of any document

          evidencing a formal Nikah between the petitioner, the same

          cannot be confirmed but the informant’s daughter admits her

          relationship with the petitioner, I am of the opinion that

          petitioner, who is willing to keep the daughter of the informant

          as his wife, has, prima facie, made out a case to be released on

          pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.91860 of 2025(3) dt.19-03-2026
                                            3/4




          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court is directed to be released

          on pre-arrest bail / Concerned Court in connection with

          Khajekalan P.S. Case No. 463/2024, subject to the conditions as

          laid down under Section 482(2) of the BNSS.

                       8. The learned District Court is directed to verify

          the criminal antecedent of the petitioner and if it is found

          that the petitioner is involved in some other cases, as what

          has been stated in paragraph no.3 of the bail application,

          this order will automatically lose its force.

                       9. It is, however, open to the respective parties to

          settle their dispute outside the Court amicably in light of the law

          laid down by the Apex Court in the case of Naushey Ali & Ors.

          Vs. State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78.

                       10. If the parties desire to resolve the dispute outside

          the Court amicably by way of mediation, learned District Court

          is directed to take necessary steps to issue notices to the

          respective parties and upon their appearance, refer the matter

          before the learned Mediator of the District Mediation Center by

          fixing a date for appearance of the parties to give effect to

          Mediation 2.0.

                       11. Accordingly, the present bail application stands
           Patna High Court CR. MISC. No.91860 of 2025(3) dt.19-03-2026
                                                       4/4




                     disposed of.


                                               (Purnendu Singh, J)

Ashishsingh/-
U      T


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