Patna High Court
Shabaz @ SabajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to conditions, despite the serious nature of the offences alleged.
Summary
The petitioner, Shabaz @ Sabaj, sought anticipatory bail fearing arrest in a case registered under IPC section 376 (rape), sections 4 and 6 of the POCSO Act, and section 9 of the Prohibition of Child Marriage Act. The victim, a minor who was pregnant and later gave birth, claimed she was in a consensual relationship and married the petitioner, with her Aadhar indicating a birth date of 05‑07‑2008. A zero FIR was lodged in Kolkata and later transferred to Muzaffarpur where the present FIR was recorded. The court, after hearing the parties and noting the victim’s statements, concluded that the petitioner was entitled to relief and granted anticipatory bail subject to strict conditions under Section 438(2) of the CrPC. The bail order required a cash deposit, sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under IPC 376, POCSO Act, and the Prohibition of Child Marriage Act.
- Whether the petitioner’s alleged consensual relationship and marriage to the minor affect the grant of bail.
- Applicability of Section 438(2) of the Criminal Procedure Code in granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 376
- Prohibition of Child Marriage Act — s. 9
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- rape
- POCSO
- child marriage
- minor
- CrPC Section 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9887 of 2026
Arising Out of PS. Case No.-9 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur
======================================================
Shabaz @ Sabaj S/O Nashim Kureshi R/O Mohalla- Mehandi Hasan Chowk
Near Islamia Arabi College, P.O- M.I.T, P.S- Brahampura, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Shabaz @ Sabaj R/O Mohalla- Mehandi Hasan Chowk Near Islamia
Arabi College, P.O- M.I.T, P.S- Brahampura, Dist- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Adv.
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 17-04-2026 Heard Mr. Hari Kishore Thakur, learned Counsel for the
petitioner and Mr. Narendra Kumar Singh, learned APP for the
State besides Mr. Jitendra Kumar Singh.
2. The petitioner apprehends his arrest in connection
with Mahila P.S. Case No. 09 of 2025 for the offence registered
under sections 376 of the IPC, 4/6 of the POCSO Act and Section
9 of the Prohibition of Child Marriage Act.
3. As per the prosecution story, victim girl was
medically examined in a Health Centre at Kolkata and as she was
minor and pregnant, zero FIR was lodged.
4. After the lodging of Zero FIR by the Bhowanipur
Police Station at Kolkata on 11.02.2025, it was sent to the
Muzaffarpur Mahila Police Station where the present FIR was
recorded on 22.02.2025 with the Aditi Kumari, the SHO, Mahila
Patna High Court CR. MISC. No.9887 of 2026(4) dt.17-04-2026
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P.S. being the complainant.
5. Earlier, the Police Officer appeared before this Court
on 23.03.2026 along with the case dairy and supervision note and
while dispensing with her appearance, direction was given for the
presence of the petitioner and the victim girl.
6. Today, on call, the girl is present with one year old
child and her submission is that she was in relationship with the
petitioner, got married, moved to Kolkata, blessed with a child and
as the Aadhar Card showed her date of birth as 05.07.2008, the
present case.
7. The further stand of the girl is that no complaint was
made but as she delivered a child in the Hospital, the Police
Officials came into picture and lodged the zero FIR which
followed the present case.
8. The aforesaid facts have been recorded which takes
this Court to only one conclusion that the petitioner is entitled for
the relief as not only she has informed the Court that they were in
relationship, the wedlock has resulted into arrival of a child.
9. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Special Judge, POCSO-II,
Patna High Court CR. MISC. No.9887 of 2026(4) dt.17-04-2026
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Muzaffarpur in connection with Mahila P.S. Case No. 09 of 2025
subject to condition as laid down under Section 438(2) of the
Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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