Patna High Court
ZAID ALAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that, given the possibility of a consensual relationship and the petitioner's clean antecedent, anticipatory bail should be granted subject to conditions.
Summary
Petitioner Zaid Alam was implicated in a FIR alleging rape, criminal intimidation, and conspiracy under Sections 376, 420, 313 and 34 of the IPC, stemming from a purported pre‑marital relationship and alleged abortion pills. The petitioner sought anticipatory bail, claiming innocence and a clean criminal record, while the State opposed the relief. The Court examined the allegations, noting that the alleged victim was a married woman and that a consensual relationship could not be ruled out, and observed the petitioner’s lack of prior convictions. Relying on these facts, the Court decided to grant anticipatory bail with a cash bond and sureties, subject to cooperation with the investigation and verification of any concealed criminal antecedent. The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR
- Whether the alleged consensual relationship and the petitioner's clean antecedent justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 313, 34, 376, 420
Subjects
- anticipatory bail
- rape
- IPC
- Section 482
- criminal antecedent
- consensual relationship
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14666 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- ALINAGAR District- Darbhanga
======================================================
Zaid Alam S/O Jubair Alam @ Md. Jubair Resident of Village- Bahera, Police
Station- Bheja, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Alinagar P.S. Case No. 211 of 2025, registered for the
offence punishable under Sections 376, 420, 313, 34 of the
I.P.C.
3. The case of the prosecution, in short, as per the
informant is that the petitioner-Zaid Alam made continuous
physical relationship with the informant on the pretext of
marriage and he also administered her with some pills for her
abortion. It is further stated that on 28.09.2025 once again Zaid
Alam came to the house of the informant and committed rape
with her at which informant raised alarm and the accused Zaid
Alam was caught by the villagers. It is further stated that in the
Patna High Court CR. MISC. No.14666 of 2026(3) dt.29-04-2026
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meantime, the accused Masood Alam, who is the brother of the
petitioner freed Zaid Alam from the villagers.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
further submits that he has falsely been implicated in the present
case. He further submits that the victim is a major married
woman and she was in continuous relationship with the
petitioner. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. From the allegations levelled in the FIR, it appears
that the victim lady was in continuous relationship with the
petitioner. Hence, it cannot be ruled out that there were
consensual relationship. The lady is already married having
three children and the petitioner has also clean antecedent, under
these circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Sub Divisional Judicial
Patna High Court CR. MISC. No.14666 of 2026(3) dt.29-04-2026
3/3
Magistrate-Benipur, Darbhanga in connection with Alinagar P.S.
Case No. 211 of 2025, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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