Patna High Court
CR. MISC./39088/2026 of Rebul Nisha Vs The State of Bihar on 7 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39088 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- MAHILA PS District- Khagaria ====================================================== 1. Rebul Nisha W/o Md. Iqbal Resident of - Ward No. 1, Jalkaura, P.S - Gangaur , District-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39088 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- MAHILA PS District- Khagaria
======================================================
1.
Rebul Nisha W/o Md. Iqbal Resident of - Ward No. 1, Jalkaura, P.S - Gangaur , District- Khagaria
2.
Md. Mustafa S/o Md. Iqbal @ Qismat Resident of - Ward No. 1, Jalkaura, P.S - Gangaur , District- Khagaria
3.
Md. Sahzad S/o Md. Iqbal Resident of - Ward No. 1, Jalkaura, P.S - Gangaur , District- Khagaria
4.
Md. Iqbal @ Qismat S/o Md. Hasmat Resident of - Ward No. 1, Jalkaura, P.S - Gangaur , District- Khagaria
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
XXX D/o YYY Resident of - Jalkaura, Ward No. 1, P.S - Gangaur , District- Khagaria
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Chandan Kumar Singh, Advocate
For the State
:
Mr. Mukesh Kumar Singh, APP
For the O.P. No. 2
:
Mr. Ranjeet Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
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ORAL ORDER
07-08-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel for the O.P. No. 2.
2. The Petitioners are apprehending their arrest in connection with Mahila P.S. Case No. 01 of 2026 registered for the offences punishable under Sections 65, 115(2), 126(2), 351(2), 351(3) and 3(5) of the B.N.S. and Section 4 of the POCSO Act.
3. As per the prosecution case, the victim, who is a minor, entered into a physical relationship with co-accused Md. Sahbaz on his false promise of marriage. It is alleged that after establishing the physical relationship, co-accused Md. Sahbaz left the State when the victim and her family started pressuring him to solemnize the marriage. It is further alleged that when the victim and her family approached the family members of co- accused Md. Sahbaz regarding the marriage, the mother of co- accused Md. Sahbaz demanded 5,00,000/- and gold ornaments ₹ from the victim's mother as a precondition for the marriage. Upon their refusal to meet the said demand, the accused persons allegedly abused the victim and her family members in filthy language, behaved in an indecent manner with them, and refused to solemnize the marriage. It is also alleged that a Panchayati was convened on 19.10.2025 in an attempt to resolve the dispute, however, the accused persons did not participate in the said Panchayati. Instead, they allegedly threatened the victim and her family members with dire consequences.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. It has further been submitted that the petitioners are the mother, bothers, and father of co-accused Md.
Sahbaz and there is no allegation that they either induced or enticed the victim by words or conduct to enter into a physical relationship with co-accused Md. Sahbaz on the false pretext of marriage. It has further been submitted that the only allegation against the petitioners is that they behaved indecently and abused the victim and her family members. It has also been submitted that co-accused Md. Sahbaz is in judicial custody. It has next been submitted that in her statement recorded under Section 183 of the BNSS, the victim has reiterated the same allegations against the petitioners as made in the FIR. it has further been submitted that there is a delay of four years in lodging the present FIR. Lastly, it has been submitted that the petitioners have clean criminal antecedent as stated in paragraph no. 3 of the bail petition.
5. Learned A.P.P. for the State and learned counsel for O.P. No. 2 have vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that the victim is a minor whose life has been ruined. It has further been submitted that the petitioners never cooperated in resolving the dispute or facilitating a settlement between the parties.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 the learned court concerned, Khagaria in connection with Mahila P.S. Case No. 01 of 2026, subject to the conditions as laid down under Section 482(2) of the (B.N.S.S.)
8. This application stands allowed.
Jyoti/- (Praveen Kumar, J) U T