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Patna High CourtCR. MISC./20956/2026allowed

Anwar Mahamad @ Anwar Miyah @ Md. Anwar v. The State Of Bihar

2026-04-24Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20956 of 2026 Arising Out of PS. Case No.-217 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Anwar Mahamad @ Anwar Miyah @ Md. Anwar Son of Jakir miyah R/o Vill. - Parsa ward no. 13, P.S. - Pakaridayal, Dist. - East Champaran. 2.

Manshi Miya @ Manshi Mahamad @ Munshi Miyah Son of Late Mathku Miyah @ Mathaki Miyah R/o Vill. - Parsa ward no. 13, P.S. - Pakaridayal, Dist. - East Champaran.

3.

Asmudeen Miyan @ Asmudeen Son of Late Mathku Miyah @ Mathaki Miyah R/o Vill. - Parsa ward no. 13, P.S. - Pakaridayal, Dist. - East Champaran.

4.

Uneshsha Khatun @ Bhifiya Khatun W/o Answar Mahamad @ Anwar Miyah @ Md. Anwar R/o Vill. - Parsa ward no. 13, P.S. - Pakaridayal, Dist. - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Ranjan, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Pakridayal P.S. Case No. 217 of 2024 instituted for the offence under Section 96 of B.N.S.

3. The case of the prosecution is that the petitioners along with one Nejamuddin have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.20956 of 2026(2) dt.24-04-2026 2/3

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel for the petitioners has submitted that during course of investigation, the victim was recovered and she has given her statement under Section 183 of the B.N.S.S. wherein she has stated that one Nezamuddin has kidnapped her. It has further been submitted that Nezamuddin has been granted bail by this Court vide order dated 22.12.2025 passed in Cr. Misc. No. 62930 of 2025 and in that order, it was held that Nezamuddin and the victim both are of Muslim community and they have solemnized 'Nikah' and from perusal of the medical examination report regarding age determination, it is clear that the age of victim is about 18-19 years. It has further been submitted that the main thrust of allegation is against Nezamuddin who has already been granted bail by this Court. Petitioners are having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The

Patna High Court CR. MISC. No.20956 of 2026(2) dt.24-04-2026 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Pakridayal P.S. Case No. 217 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, East Chamaparan, Motihari, subject to the conditions as laid down under section 482 (2) of the B.N.S.S.

(Ashok Kumar Pandey, J) lata/- U T