Patna High Court
Kaish AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
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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
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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
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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
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