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Patna High Court

Ziyaul Ansari @ Jayaullah AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the consensual nature of the relationship between two adults, anticipatory bail should be granted.

Summary

The petitioner, Ziyaul Ansari, was implicated in a FIR alleging that he deceived an informant with a promise of marriage, forced sexual relations, recorded videos, demanded a dowry of Rs.5 lakh, and threatened to circulate obscene material. He sought anticipatory bail, contending that the relationship was consensual, both parties were adults, and no offence was committed. The State opposed the bail, arguing that the allegations constituted offences under several sections of the B.N.S., including rape and dowry harassment. The Court examined the facts and noted that the parties had a consensual relationship for a year and were of legal age, concluding that the allegations did not amount to involuntary sexual assault. Consequently, the Court granted anticipatory bail subject to conditions and a bail bond. The order was made under Section 482(2) of the B.N.S.S., allowing the petitioner to be released on bail if arrested within eight weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations of rape, dowry demand, and threats under Sections 69, 126(2), 115(2), 352, 351(2) and 3(5) of the B.N.S.
  • Whether the alleged sexual relationship was consensual and thus does not constitute an offence.

Legislation cited

  • B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 69
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • consent
  • rape
  • dowry demand
  • threat
  • video recording
  • adult relationship
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19622 of 2026
                        Arising Out of PS. Case No.-151 Year-2025 Thana- BELA District- Sitamarhi
                 ======================================================
                 Ziyaul Ansari @ Jayaullah Ansari S/O Abdul Gani Mohammad Resident Of
                 Village- Khurshaha, Ward No.- 11, P.s.- Bela, Dist.- Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Sanjay Kumar , Advocate
                 For the State            :        Mr. Rajendra Singh Shastri, APP
                 For the Informant        :        Mr. Shankar Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 69, 126(2),

                   115(2), 352, 351(2) and 3(5) of the B.N.S..

                                3. The prosecution case, in brief, is that this petitioner

                   used to talk to the informant on mobile phone and on the

                   promise of marriage, he forcibly established physical relations

                   with her and said her not to disclose the ordeal to anyone. This

                   petitioner continued to establish physical relations with the

                   informant on the pretext of marriage for a period of one year
Patna High Court CR. MISC. No.19622 of 2026(2) dt.07-04-2026
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          and also made videos of the incident. Thereafter, when the

          informant pressurized this petitioner to solemnize marriage, he

          started demanding Rs. 5,00,000/- as dowry and also threatened

          to make her obscene videos viral on social media and

          subsequently, refused to solemnize marriage.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. The entire prosecution case, as set out in

          the F.I.R., is out and out false, fabricated and concocted. As a

          matter of fact, from bare perusal of the F.I.R. it is apparent that

          both parties knew each other since long and with the passage of

          time, relationship developed. At the time when the relationship

          developed, both of them were major and were fully aware of the

          consequences of such a relationship. The relationship was

          consensual between two consenting adults and both of them

          enjoyed each others company for one year. It is further

          submitted that only because the relationship could not continue

          and failed, the same does not amount to rape. Rest of the

          allegations are ornamental in order to make the case grave.

          Petitioner claims clean antecedents.
Patna High Court CR. MISC. No.19622 of 2026(2) dt.07-04-2026
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                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the informant have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioner and

          submitted that petitioner is named in the F.I.R. with specific

          accusation that on the false pretext of marriage, this petitioner

          established physical relations with the informant and later on,

          refused to solemnize marriage.

                       6. Considering the rival submissions advanced on

          behalf of learned counsel for the parties and the fact that from

          bare perusal of the prosecution case it is apparent that at the

          time when the relationship developed between the parties, both

          of them were major and enjoyed each others’ company for one

          year, the same cannot be said to be inducted or involuntary and

          clean antecedents of the petitioner, the prayer for grant of

          anticipatory bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned S.D.J.M. Sadar, Sitamarhi in

          connection with Bela P.S. Case No. 151 of 2025, subject to
             Patna High Court CR. MISC. No.19622 of 2026(2) dt.07-04-2026
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                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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