Created by Fuzzy Cloud

Patna High Court

Kaish AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court exercised its inherent powers under Section 482(2) of the BNSS and granted bail to the petitioner.

Summary

The petitioner, Kaish Alam, was named in an FIR for alleged offences under Sections 69 and 88 of the BNS, stemming from a claim that he had a consensual relationship with the informant, Sania Khatoon, which resulted in her pregnancy. The petitioner argued that the relationship had existed for two years, that the alleged last date of intercourse (25‑12‑2024) could not have produced a ten‑week pregnancy as per the ultrasound dated 11‑01‑2025, and that the FIR was filed to coerce him into marriage. The opposing party opposed bail, contending the allegations were serious. The court examined the prima facie evidence, including the ultrasound report, and noted the long‑standing relationship, concluding that the allegations did not warrant denial of bail. Accordingly, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS, and to surrender within four weeks.

Issues considered

  • Whether bail should be granted to the petitioner despite the FIR alleging offences under Sections 69 and 88 of the BNS.
  • Whether the prima facie evidence of pregnancy and the alleged relationship constitute sufficient ground to deny bail.
  • Whether the High Court can exercise its inherent powers under Section 482(2) of the BNSS to grant bail.

Subjects

  • bail
  • Section 482
  • prima facie evidence
  • false FIR
  • pregnancy
  • Criminal Procedure Code
  • Section 69
  • Section 88
  • inherent powers of High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10673 of 2026
                       Arising Out of PS. Case No.-276 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Kaish Alam Son of Hasmat Ali R/o Village - Phulwariya Tola Chakia, P.S. -
                 Garkha, Dist. - Saran, At present R/o Village and P.S. - Baniapur, Dist. -
                 Saran.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sania Khatoon D/o Abdullah R/o Village - Baniyapur Tola Ahrapur, P.S. -
                 Baniyapur, Dist. - Saran, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arif Daula Siddiquie, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-02-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R.

                   and apprehending his arrest in connection with

                   Baniapur P.S. Case No. 276 of 2025 registered for

                   the offences punishable under Sections 69 and

                   88 of BNS.

                                3. As per FIR, petitioner alleged to

                   establish physical relationship with informant on

                   25.12.2024, 31.12.2024 and also on 02.01.2025,

                   at her residence out of which she becomes

                   pregnant. It is alleged that the relationship was
Patna High Court CR. MISC. No.10673 of 2026(2) dt.23-02-2026
                                            2/4




          established under promise of marriage as the

          informant was in relationship with petitioner

          since last two years before lodging the FIR.

                       4. It is submitted by learned counsel

          appearing on behalf of the petitioner that if the

          last      date        of      relationship           be   taken   into

          consideration as per FIR, it was 25.12.2024 and

          therefore by no stretch of imagination the

          informant would be pregnant of 10 weeks and 6

          days as per ultrasound report dated 11.01.2025,

          which was given in support of allegations that

          she becomes pregnant out of the aforesaid

          relationship. It is submitted that apparently the

          allegation was made falsely against petitioner

          just to pressurize him to solemnize marriage on

          the basis of false report. It is submitted that even

          the FIR nowhere suggests that the relationship

          was obtained with any deceitful means. It is

          pointed out that mere promise cannot be said

          deceitful particularly when the factual aspect

          suggests that the informant was in relationship
Patna High Court CR. MISC. No.10673 of 2026(2) dt.23-02-2026
                                            3/4




          with petitioner for last 2 years prior to lodging

          the      FIR.     While        concluding            argument,      it    is

          submitted that petitioner is a man of clean

          antecedent.

                       5. Learned APP opposes the prayer of

          bail.

                       6. In view of aforesaid factual submission

          and by taking note of fact as                               prima-facie

          ultrasound           report        in    support       of   pregnancy

          creates a doubt qua allegations / occurrence as

          raised through FIR, coupled with the fact that

          admittedly informant was in relationship with

          petitioner since last 2 years before lodging the

          FIR, accordingly petitioner above-named, in the

          event of his arrest or surrender before the court

          below within a period of four weeks, is directed to

          be released on bail, furnishing bail bond of Rs.

          10,000/-         (Rupees          Ten       Thousand)        with        two

          sureties        of     the      like      amount       each    to        the

          satisfaction          of     the        learned      CJM,    Saran        at

          Chapra /concerned Court, where the case is
              Patna High Court CR. MISC. No.10673 of 2026(2) dt.23-02-2026
                                                          4/4




                        pending in connection with Baniapur P.S. Case

                        No. 276 of 2025, subject to the conditions as laid

                        down under Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.