Patna High Court
Jiyaul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.
Summary
The petitioners applied for anticipatory bail after an FIR alleged that one of them, Md. Mahtab, had deceived a woman with a false promise of marriage, established a physical relationship, recorded it on video, and threatened to make it public, leading to further alleged assaults by his family. The petitioners contended that the relationship was consensual, the allegations were false, and they have clean antecedents except one with a prior case. The State and the informant opposed the bail, arguing the seriousness of the offences listed under the B.N.S. The High Court, after considering the submissions, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S. The order also warned that the bail could be cancelled if the petitioners fail to cooperate with the investigation.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S. in view of the allegations made in the FIR.
- Whether the allegations constitute a false case arising from a consensual relationship.
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 64, 69, 74
Subjects
- anticipatory bail
- Section 482
- false case
- consensual relationship
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17823 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- SAKRI District- Madhubani
======================================================
1. Jiyaul Haque S/o Late Md. Nizamuddin R/o Village- Sakri Shibottar Tola,
P.S. Sakri, District - Madhubani
2. Md. Chand S/o Md. Lal R/o Village- Sakri Shibottar Tola, P.S. Sakri, District
- Madhubani
3. Md. Shahnawaz @ Md. Shahnawaz Hussain S/o Md. Mustak R/o Village-
Sakri Shibottar Tola, P.S. Sakri, District - Madhubani
4. Md. Mahtab S/o Md. Mustak R/o Village- Sakri Shibottar Tola, P.S. Sakri,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Opposite Party/s : Mr.Vinod Shanker Modi
Mr.Subhash Kumar Jha
Mr.Chaudhary Prem Kumar Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 17-06-2026 1. Heard learned counsel for the petitioners, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 74, 64, 3(5), 69, 352, 351(2) of the
B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners submit that petitioner no.1, 2 and 4 are persons
with clean antecedent and petitioner no.3 has antecedent of one
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case. It is next submitted that in sum and substance the
informant alleges that she was in a relationship with Md.
Mahtab and Mahtab on pretext of false promise of marriage
established physical relationship and even video-graphed the
occurrence and threatened that the video would be made viral
and based on the said threat, he established physical relations
several times in absence of her brother and grandmother. It is
also alleged that on 13.07.2025, Mahtab had come to the house
of the informant but her mother and brother also returned from
Mumbai and the informant disclosed about her ordeal to them
and when they went to the house of Mahtab, it is alleged that his
family members abused and assaulted them.
4. The learned counsel appearing on behalf of the
petitioners submit that petitioners have been falsely implicated
in the instant case by the informant. It is next submitted that
from perusal of the allegation as alleged in the FIR, it would
manifest that Mahtab and the informant were in a relationship
and the relationship was consensual with no promise of
marriage. It is further submitted that when grandmother and
brother of the informant came to the house unannounced, as
such, the informant informed about the occurrence when it is
alleged that they went to the house of Mahtab where they were
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abused and assaulted. It is submitted that whenever consensual
relationships soured, a false case is instituted with general and
omnibus allegations. It is next submitted if privilege of
anticipatory bail is granted, the petitioners will not abscond
rather will cooperate in the investigation to prove their
innocence.
5. Learned A.P.P. as well as the learned counsel
appearing on behalf of the informant opposes the anticipatory
bail application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Sakri P. S. Case No. 167 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
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learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
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