← Library
Patna High CourtCR. MISC./91020/2025bail granted

Md. Amir v. The State Of Bihar

2026-01-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91020 of 2025 Arising Out of PS. Case No.-1004 Year-2025 Thana- NAWADA District- Nawada ====================================================== Md. Amir S/O Md. Iliyas @ Md. Iliyasauddin Resident of village- Badi Dargah, Sharif Colony, P.S.- Town Nawada, District- Nawada, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX W/O Md. Amir, Resident of village- Badi Dargah, Sharif Colony, P.S.- Town Nawada, District- Nawada, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Nayan, Advocate For the State :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Town (Nawada) P.S. Case No. 1004 of 2025 instituted under Sections 65(1) of the Bharatiya Nyaya Sanhita, Sections 9 and 10 of the Child Marriage Prohibition Act, and Sections 4 and 6 of the POCSO Act.

3. The petitioner is the husband and is alleged to have got married to an under-aged girl.

4. Learned counsel for the petitioner submits that the alleged victim/informant and the petitioner had got married as per Islamic law. The petitioner has no criminal antecedent and

Patna High Court CR. MISC. No.91020 of 2025(2) dt.28-01-2026 2/2 has been falsely implicated in this case.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI- cum Special Judge, POCSO, Nawada/ concerned Court in connection with Town (Nawada) P.S. Case No. 1004 of 2025, subject to the conditions laid down in Section 482 of the BNSS/ 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J) P. Kumar U T