Afsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17001 of 2026 Arising Out of PS. Case No.-6 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== AFSAR ALAM Son of Jaan Mohammad Miyan R/O Village - Dube Tola Bahas, P.S.- Sagauli, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar, Advocate For the State :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 96 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per F.1.R., on 28-02-2024 at around 12:00 noon, informant's daughter was allegedly taken away by this petitioner to Delhi and when informant went to house of this petitioner to enquire about whereabout of his daughter, all the F.I.R. named accused persons, abused and assaulted him. It is further alleged that on 21.02.2024, this petitioner brought back daughter of informant to her home, but she did not disclose anything about the incident and when informant again approached the house of

Patna High Court CR. MISC. No.17001 of 2026(2) dt.29-04-2026 2/3 the petitioner, he was threatened with dire consequences by all the accused persons.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. During investigation, the victim appeared and in her statement recorded under Section 183 B.N.S.S., she has denied the factum of kidnapping and has specifically stated that she went to Delhi with this petitioner and got married with him out of her own sweet will. The learned Court below has assessed the age of victim, as 19 years. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the facts and circumstances of the case, statement of the victim recorded under Section 183 of the B.N.S.S. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly , let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Motihari, District- East Champaran in connection with

Patna High Court CR. MISC. No.17001 of 2026(2) dt.29-04-2026 3/3 Sagauli P.S. Case No. 06 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) shashank/- U T