Patna High Court
Md. AfrozversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail.
Summary
The petitioner, Md. Afroz, was implicated in a case alleging abduction of a minor girl under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed the accused entered the informant's house with arms and forcibly took the girl away. The petitioner contended that the girl voluntarily left with him, was 17 years old, returned the next day, and that the complaint was false, supported by her statement under Section 183 of the BNSS. The petitioner applied for anticipatory bail, which the State opposed. The High Court, after considering the victim's statement and the petitioner's clean antecedent, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under the BNSS.
- Whether the victim's statement under Section 183 of the BNSS establishes that the complaint is false and justifies bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 329(3), 329(4), 351(2), 352, 96
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false case
- abduction
- minor
- BNSS
- Section 438
- Criminal Procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92047 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- Bhatni District- Madhepura
======================================================
Md. Afroz Son of Md. Laltu Resident of village Haribola, P.S.- Bhatni,
District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Bhatni P.S. Case No. 2 of 2025 registered for the offences under
Sections 329(3), 329(4), 137(2), 96, 352, 351(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the allegation against
the petitioner and other accused persons is that they entered the
house of the informant with arms and forcibly abducted the
minor daughter of the informant and fled away on a four-
wheeler vehicle.
Patna High Court CR. MISC. No.92047 of 2025(3) dt.23-02-2026
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4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and in fact the
girl was recovered and in her statement given under Section 183
of the BNSS, she has categorically stated that she had gone out
of her house on 03.04.2025 and had called the petitioner, with
whom she had gone to Bhagalpur. The victim has further made a
statement that her family has lodged a false case against the
petitioner and others, as she had gone with the petitioner on her
own and only to coerce the victim not to meet the petitioner a
false case has been lodged. It has further been submitted that
apparently the allegations of abduction get falsified from the
statement of the victim girl and from the statement made under
Section 183 of BNSS, it would be evident that the age of the girl
was 17 years and she had returned to her parents' house just the
next date of the so-called abduction. It has lastly been submitted
that the petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
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within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Bhatni P.S. Case No. 2 of 2025, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
read with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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