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Patna High Court

Zobair AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the bail application cannot be granted as the allegations of sexual assault under the BNS are serious and must be examined in light of the victim’s statement and Supreme Court precedent.

Summary

The petitioner, Zobair Alam, was charged under several sections of the Bihar Special Laws (BNS) for allegedly entering a physical relationship with the informant on a false promise of marriage and subsequently refusing to marry her. He sought pre‑arrest bail, contending that the relationship was consensual, both parties were adults, and the informant habitually files false cases to extort money. The State opposed the bail, emphasizing the seriousness of the offences and the victim’s statement recorded under Section 183 of the BNSS. The court noted the trial court had taken the victim’s statement and cited Supreme Court judgments that a broken promise of marriage does not justify a charge of rape. It directed the trial court to re‑examine the victim’s statement in light of the Supreme Court precedent and dismissed the bail application.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail for offences under Sections 115(2), 69, 352, 351(2) and 3(5) of the BNS.
  • Whether the alleged false promise of marriage and consensual relationship negates the charge of sexual assault.
  • Whether the victim’s statement under Section 183 BNSS should be given weight in the bail decision.

Legislation cited

Subjects

  • pre‑arrest bail
  • false promise of marriage
  • sexual assault
  • consent
  • victim statement
  • Section 183 BNSS
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15103 of 2026
                  Arising Out of PS. Case No.-140 Year-2025 Thana- BALTHAR District- West Champaran
                 ======================================================
                 Zobair Alam S/o Sri Late Shekh Habibullah, Resident of Village- Narkatiya
                 Gauripur, P.S.- Purshotampur, District- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alexander Ashok, Advocate.
                 For the Opposite Party/s :      Mr. Ram Sevak Choudhary, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   25-03-2026                        Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Balthar P.S. Case No. 140 of 2025 registered for the

                   offence(s) punishable under Sections 115(2), 69, 352, 351(2)

                   and 3(5) of BNS.

                                3. As per the allegation made in the FIR, petitioner

                   made physical relation with the informant on the false promise

                   of marriage, and, thereafter, refused to marry.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that when the relationship developed

                   between both the parties, they were major. From perusal of the

                   F.I.R., it is apparent that both the parties were in relationship

                   and enjoyed each other’s company for about four years and
Patna High Court CR. MISC. No.15103 of 2026(2) dt.25-03-2026
                                            2/3




          indulged in sexual act and as such, it cannot be said to be

          induced or involuntarily. The relationship was consensual.

                       5. Per contra, learned APP for the State has

          vehemently opposed the prayer for grant of pre-arrest bail to the

          petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R., it is admitted case that the petitioner was in physical

          relationship with the informant and the petitioner refused to

          marry with the informant. In Para-7 of the bail application, the

          petitioner has informed that the informant is in habit of lodging

          false cases for extorting money and had also lodged an F.I.R.

          bearing Purshotampur P.S. Case No. 106 of 2019 against one

          Naushad Khan under Section 376 and 406 of the Indian Penal

          Code and after that she has lodged the present F.I.R. against the

          petitioner on similar allegation to extort money from him.

                       7. I have also perused the order impugned dated

          03.02.2026, the trial court has taken into notice the statement of

          the victim recorded under Section 183 BNSS and has found that

          the informant has supported the allegation.

                       8. The Apex Court has observed that “the complainant

          was very much capable of understanding the consequences of
           Patna High Court CR. MISC. No.15103 of 2026(2) dt.25-03-2026
                                                       3/3




                     her action and if the relationship is not working out, the same

                     cannot be ground for lodging an F.I.R for the offence under

                     Section 376 of I.P.C” in case of Naim Ahmed Vs. State (NCT of

                     Delhi), reported in 2023 SCC Online SC 89 and in the case of

                     Sonu @ Subash Kumar Vs. State of Uttar Pradesh & Anr.,

                     reported in 2021 AIR SC 1405.

                                  9. I modify the order to the extent that the learned trial

                     court is directed to peruse the statement of the victim recorded

                     under Section 183 BNSS and consider the case of the petitioner

                     in light of the law laid down by the Apex Court in Naim Ahmed

                     (supra) after analyzing whether the petitioner and the informant

                     were in relationship and the informant was aware of the result of

                     such promise which has been made by the petitioner

                                  10. The bail application stands disposed of.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T


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