Subhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13331 of 2026 Arising Out of PS. Case No.-12 Year-2024 Thana- TARABARI District- Araria ====================================================== 1.
Subhan S/o Wasil Resident of village- Baturbari, P.S.- Tarabari, Distt.- Araria 2.
Sajjid @ Sajid S/o Jabul Resident of village- Baturbari, P.S.- Tarabari, Distt.- Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Abu Sufyan S/o- Late Hafizuddin, R/O.- S. Batukhadi, Ward No.-17,P.S.- Tarabari, Dist.-Araria .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the State :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2026 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner.
2. The petitioners are apprehending their arrest in connection with Tarabari P.S. Case No. 12 of 2024 registered for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code, lodged on 04.02.2024 by the informant, Abu Sufian.
3. As per the prosecution story, the informant alleged that when his daughter was returning home, the named accused person including these two petitioners took her away. This led to the FIR.
4. In this case, the Coordinate Bench while issuing notice to the opposite party no.2, called for the case
Patna High Court CR. MISC. No.13331 of 2026(5) dt.24-06-2026 2/3 diary/statement of the victim girl dated 12.02.2025 according to which she has claimed herself to be a major girl (19 years) and further recorded that she moved with Danish on her own in the month of February, 2024 and solemnized marriage in Bangalore, the family has wrongly lodged FIR.
5. Learned counsel for the petitioners submit that both Danish and the girl were in relationship and moved on their own, both are major and these petitioners have nothing to do with the aforesaid case, have been implicated.
6. Learned APP though opposes the prayer concede that the girl has made the statement as recorded above.
7. Taking into account the submissions put forward by the parties couple with the fact that these petitioners have no criminal antecedent, in this background, this Court is inclined to extend them the privilege of anticipatory bail.
8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-I-cum-Additional District Judge-VI, Araria, in connection with Tarabari P.S. Case No.12 of 2024 subject to the following conditions:-
Patna High Court CR. MISC. No.13331 of 2026(5) dt.24-06-2026 3/3 (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioners 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/her bail bond by the Trial Court itself; (iv) the petitioners 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;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/-Ankita U T