Mosaffan Nomani @ Md. Mosaffan Nomani @ Mosaffan Vs The… — Cheating and Forgery | Patna HC (2025)

Mosaffan Nomani @ Md. Mosaffan Nomani @ Mosaffan Vs The… — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release upon arrest or surrender within four weeks before the learned court below, on bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned SDJM, Benipur, Darbhanga, in connection with Alinagar P.S. Case No. 10 of 2025, subject to the conditions under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Alinagar P.S. Case No. 10 of 2025, registered for offences under Sections 126(2), 115, 64(1), 318(4), 351(2), 3(5) of the BNS, arising from the informant's allegations of physical relations over five years on the pretext of marriage, pregnancy, a marriage solemnized on 08.01.2024 and subsequent ouster from the matrimonial home. +1 more

Court's answer

In the event of his arrest or surrender within four weeks before the learned court below, the petitioner is to be released on anticipatory bail.

Ratio / Principle

The release is on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned SDJM, Benipur, Darbhanga, in connection with Alinagar P.S. Case No. 10 of 2025.

Key takeaways

The anticipatory bail is subject to the conditions laid down under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Judicature at Patna (Nawneet Kumar Pandey, J), order dated 09-10-2025 in Criminal Miscellaneous No. 31124 of 2025: petitioner Mosaffan Nomani @ Md. Mosaffan Nomani @ Mosaffan, apprehending arrest in Alinagar P.S. Case No. 10 of 2025 (District Darbhanga) registered under Sections 126(2), 115, 64(1), 318(4), 351(2), 3(5) of the BNS, is to be released on arrest or surrender within four weeks on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Benipur, Darbhanga, subject to the conditions under Section 438(2) of the CrPC/482(2) of the BNSS, 2023. Per the order, the informant alleges physical relations over five years on the pretext of marriage, pregnancy, marriage solemnized before the Sarpanch on 08.01.2024 and subsequent ouster from the matrimonial home; counsel for the petitioner relied on an affidavit of Sheikh Munisul @ Md. Aftab asserting the informant is his legally wedded wife with two children (Thurren Praween and Md. Jamil @ Anis); counsel for the informant opposed bail citing enticement and false promise of marriage.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31124 of 2025

Arising Out of PS. Case No.-10 Year-2025 Thana- ALINAGAR District- Darbhanga

======================================================

Mosaffan Nomani @ Md. Mosaffan Nomani @ Mosaffan Son of Amirul Hasan @ Md. Amirul Hussain R/o Bahera P.S.- Bheja District -Madhubani

... ... Petitioner/s

Versus

The State of Bihar 2. Sifa Praveen Daughater of Md. Noor Alam Village- Dhamsaain, PsAlinagar, Dist- Darbhanga . Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Asif Kalim, Adv. For the State : Mr.Dr.Mrityunjaya Kr.Gautam, APP For O.P. No. 2 : Mr. Jitendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 09-10-2025

Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Alinagar P.S. Case No. 10 of 2025, registered for the offences punishable under Sections 126(2), 115, 64(1), 318(4), 351(2), 3(5) of the BNS.

The informant alleges that the petitioner, at the pretext of marriage, had physical relations with her for five years. Out of physical relations with the petitioner, she became pregnant. In presence of the Sarpanch , the marriage between the petitioner and the informant was solemnized on 08.01.2024. It is further alleged that the petitioner and his family members subsequently ousted her from the matrimonial house.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.31124 of 2025(4) dt.09-10-2025 2/2

that the informant is a married lady. She has two children, Thurren Praween and Md. Jamil @ Anis from her earlier husband Sheikh Munisul @ Md. Aftab. Sheikh Munisul @ Md. Aftab has sworn an affidavit stating that the informant is his legally wedded wife and that Thurren Praween and Md. Jamil @ Anis are his children. In that affidavit, Sheikh Munisul @ Md. Aftab has also mentioned that without divorce, the informant intercepting the petitioner wanted to solemnize marriage with him.

On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the petitioner after giving enticement and false promise of marriage, had physical relations with the informant.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Benipur, Darbhanga in connection with Alinagar P.S. Case No. 10 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J)

Nirmal/- U T