Shabaz @ Sabaj v. The State Of Bihar
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 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 2/3 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 3/3 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