Patna High Court
Md. AslamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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
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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
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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
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disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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