Asraf Aryan @ Asraf Alam @ Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74444 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Asraf Aryan @ Asraf Alam @ Ashraf S/O Aslam @ Md. Aslam Alam R/O Village- Dabar (Saraikuri), P.S- Bahadurganj, Distt.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2025

1. Heard learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(2) and 140(3) of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his sister on 16.10.2024, at 07:00 p.m., had gone to attend the call of nature but did not return. On search, it transpired that petitioner abducted her.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that though the informant in the FIR alleges that his sister was abducted by the petitioner but then has deliberately concealed the relevant fact that his sister

Patna High Court CR. MISC. No.74444 of 2025(2) dt.20-11-2025 2/3 was married from before. It is next submitted that the victim came back and her statement was recorded under Section 183 BNSS wherein she supported the case of the prosecution. It is also submitted that victim deliberately implicated the petitioner in the instant case. It is further submitted that the victim is older than the petitioner and was married from before but was unhappy with her marriage and fell in love with the petitioner and married him. It is next submitted that petitioner was completely unaware of the first marriage of the victim.

5. At this stage, learned counsel for the petitioner submits that the victim was married to Rizwan Ahmad, Son of Nazamuddin, Resident of Village Chandwar, P.S. Bahadurganj, District Kishanganj.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.74444 of 2025(2) dt.20-11-2025 3/3 is pending/Successor Court in connection with Kochadhaman P.S. Case No. 221 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T