Irfan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79712 of 2025 Arising Out of PS. Case No.-517 Year-2022 Thana- BARHARIA District- Siwan ====================================================== Irfan Ali S/o Mukhtar Miya Resident of Village - Dumariya, P.S.- Uchkagaon, Distt.- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXXXX W/o YYYY Resident of Village -Ranipur, P.S.- Barhariya, Distt.- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Ms. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2026

1. 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 offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code & Sections 8 and 17 POCSO Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her daughter aged about 17 years was kidnapped by the accused persons including the petitioner for the purposes of marriage.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.79712 of 2025(2) dt.06-01-2026 2/3 petitioner and the victim were in love and they eloped and they have performed their marriage. It is also submitted that victim came back and her statement was recorded under Section 164 Cr.P.C. wherein she disclosed her age as 19 years and the doctors assessed the age of the victim above 22 years. It is also submitted that victim did not support the case of the prosecution rather she stated that she married the petitioner and was staying with him at Delhi. It is next submitted that even presuming what has been alleged in the FIR to be true without admitting that victim was 17 years of age, in that event also victim had reached the age of discretion where she was able to understand the consequences of her act.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below 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 is pending/successor court in connection with Barhariya P.S.

Patna High Court CR. MISC. No.79712 of 2025(2) dt.06-01-2026 3/3 Case No.517/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T