Patna High Court - Orders
Javed Akhtar @ Sudhu vs The State Of Bihar on 17 January, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65313 of 2025
Arising Out of PS. Case No.-23 Year-2023 Thana- DERNI BAZAR District- Saran
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Javed Akhtar @ Sudhu S/O Naushad Miyan @ Nurul Hoda Resident of
village- Bhualpur, Bhuwalpur, P.S.- Madhaurah, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Bharat Singh S/O Rajnarayan Singh R/O Vill.- Sutihar Tole Rasulpur, P.S.-
Derni, Dist.- Saran.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Dr. Rajesh Kumar Singh, Adv.
For the Opposite Party/s : Ms. Pushpa Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 17-01-2026Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Derni P.S. Case No. 23 of 2023 dated 20.02.2023 registered for the offence punishable under Section 366(A) of the Indian Penal Code.
3. As per the prosecution case, the informant has alleged that he had a very good relationship with his neighbour, Kyamuddin Miyan and his daughter used to frequently visit his house. It is further alleged that on 06.02.2023, his daughter was called by the wife of Kyamuddin Miyan. Thereafter, when the informant searched for his daughter, he saw the main door of the said house locked giving rise to an apprehension that the co- Patna High Court CR. MISC. No.65313 of 2025(4) dt.17-01-2026 2/5 accused persons had kidnapped his daughter with the intention of solemnizing marriage. The informant has also stated that co- villager informed him that they had seen his daughter going along with the accused persons.
4. The learned counsel for the petitioner submits that petitioner has falsely been implicated in the case of kidnapping. In fact, the petitioner and the daughter of the informant/victim had gone out for the purpose of marriage which has been substantiated by the statement of the victim recorded under Section 164 of the Cr.P.C. Learned counsel has referred to the statement of the victim, wherein she has stated that she was threatened by her family members, stopped providing food and locked her in a room. She has categorically stated that she left her house out of her own sweet will and she went to Garkha along with the petitioner though the petitioner initially objected to the same. However, the victim herself forced the petitioner to run away and thereafter they went to Chapra and then to Kerela. The victim has also stated that they solemnized marriage in a Mosque after she converted her religion. Learned counsel has further pointed out that after considering the fact that the petitioner had married the daughter of the informant, the parties subsequently entered into a compromise and a petition to that effect was filed before the learned Judicial Magistrate First Class which has been brought on record as Annexure-2. Learned Patna High Court CR. MISC. No.65313 of 2025(4) dt.17-01-2026 3/5 counsel for the petitioner submits that rest of the accused persons of the petitioner's family were granted anticipatory bail by the Coordinate Bench of this Court and the order of the same has been brought on record as Annexure-3. Learned counsel for the petitioner submits that the petitioner and the victim have married though does not dispute the fact that at the time of occurrence, she was minor. Learned counsel has also pointed out that during medical examination, the doctor had not found any sign of recent sexual intercourse and therefore, the present case is of elopement rather than a case under Section 366(A) of the I.P.C. It has thus been submitted that the petitioner is ready to keep the victim as his legally wedded wife once she attains majority. It has lastly been submitted that petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and stated that the victim was minor at the time of occurrence and therefore even if she has eloped with the petitioner, the petitioner can not be absolved of the offence that he admittedly took away a minor along with him and even went on to marry her.
6. Considering the aforesaid submissions and taking into account the fact that the petitioner and the victim have married and the victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she wants to go to her sasural, the Patna High Court CR. MISC. No.65313 of 2025(4) dt.17-01-2026 4/5 petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra in connection with Derni P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:-
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the Patna High Court CR. MISC. No.65313 of 2025(4) dt.17-01-2026 5/5 above mentioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Gautam/-
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