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Patna High Court

Jiyaul HaqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.17823 of 2026(5) dt.17-06-2026
                                            2/4




          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
Patna High Court CR. MISC. No.17823 of 2026(5) dt.17-06-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.17823 of 2026(5) dt.17-06-2026
                                                           4/4




                         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/-

U          T


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