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Patna High CourtCR. MISC./60010/2025allowed

Parvej Ansari @ Parvej Alam v. The State Of Bihar

2025-11-27Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60010 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- MAHILA PS District- Buxar ====================================================== Parvej Ansari @ Parvej Alam Son of Md. Salam Ansari Resident of House No.- 135, Ward No.- 13, Ayodhya Singh Ki Gali, P.S.- Dumraon, District - Buxar, Bihar, 802119.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Adv Mr. Amarendra Narayan, Adv For the Informant :

Mr. Anjani Kumar Jha, Adv Ms. Anita Kumari Sharma, Adv Mr. Vishwa Shri Rajendra, Adv For the State :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 115(2), 81, 89, 318(4),52, 351(2) and 3(5) of the B.N.S.

3. The case of prosecution, is that, the informant came into contact with the petitioner through instagram after that they started talking with each other, subsequently, their relationship developed into an affair. It is further alleged that the petitioner established a physical relationship with the informant on the pretext of marriage. Further, on 18.11.2024, they solemnized marriage before Notary Public Buxar. Further allegation is that

Patna High Court CR. MISC. No.60010 of 2025(3) dt.27-11-2025 2/3 she was forced to renounce her religion to which she objected and for which she was being assaulted.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that though there is an allegation that marriage was solemnized before Notary Public Buxar but such marriage has got no value in the eye of law. It has further been submitted that during course of the investigation it has come that prior to this occurrence the informant has solemnized marriage with one Guddu Ansari and one child has born out of their wedlock. It has also been submitted that after taking maintenance of Rs. 1,10,000/-, the informant has divorced said Guddu Ansari. It has also been submitted that the petitioner has clean criminal antecedent as stated in para 3 of the bail petition. Moreover, the petitioner is languishing in judicial custody since 16.06.2025.

5. Learned counsel for the informant and learned APP appearing for the State have vehemently opposed the prayer of regular bail and have submitted that the marriage which has been performed before the Notary Public, Buxar, is not considered as valid marriage in the eye of law and during course of the investigation as it has come that the informant was earlier

Patna High Court CR. MISC. No.60010 of 2025(3) dt.27-11-2025 3/3 married with one Guddu Ansari and without having a decree of divorce from a competent Court, she cannot marry another man.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar Mahila P.S. Case No. 27 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Buxar/concerned Court below.

7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T