Patna High Court

Md. Aklakh @ Md. Akhlaq @ MO Eaklakh @ Md. Akhlaq KhanversusThe State of Bihar

Decided: 6 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail.

Summary

The petitioner, Md. Aklakh, was arrested in connection with a case registered under Sections 69 and 108 of the B.N.S., 2023, alleging that he had a sexual relationship with the informant based on a false promise of marriage, leading to an abortion. The informant claimed the petitioner refused to marry her, and a panchayat had directed the petitioner to pay Rs. 3,50,000 and arrange a marriage elsewhere. The petitioner contended that the allegations stemmed from a consensual live‑in relationship, that he had no criminal antecedents, and that he was falsely implicated. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court found no material reason to deny bail, noting the petitioner’s lack of prior record and the nature of the dispute, and ordered his release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail in a case under Sections 69 and 108 of the B.N.S., 2023.
Whether the alleged facts constitute a non‑bailable offence warranting denial of bail.

Legislation cited

B.N.S., 2023 — s. 108, 69

Subjects

bail
live-in relationship
false promise of marriage
abortion
Section 69 B.N.S.
Section 108 B.N.S.
criminal procedure
personal liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21514 of 2026
                     Arising Out of PS. Case No.-5 Year-2026 Thana- BALUA BAZAR District- Supaul
                 ======================================================
                 Md. Aklakh @ Md. Akhlaq @ MO Eaklakh @ Md. Akhlaq Khan Son of MO
                 Mustkim @ Md. Mustaqim @ Md. Mustakim Khan Resident of village -
                 Barmotra, Ward No. 01, (11), Police Station - Balua Bazar, (Baluwa Bazar),
                 District - Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Balua Bazar (Baluwa Bazar) P.S. Case No. 05 of 2026

                   registered for the offence punishable under Section 69, 108 of

                   the B.N.S., 2023.

                                3.The case of the prosecution is that the informant

                   was in a relationship with the petitioner. It is alleged that the

                   petitioner established physical relations with the informant on

                   the false promise of marriage. It is further alleged that the

                   informant underwent an abortion on the same promise. It is also

                   alleged that, at some point, the petitioner refused to marry the

                   informant. On 11.01.2026, a panchayat directed the petitioner to
Patna High Court CR. MISC. No.21514 of 2026(2) dt.06-04-2026
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          pay Rs. 3,50,000/- and further directed that the informant shall

          solemnize marriage at some other place.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that from perusal of the FIR itself, it is

          clear that the informant was in a relationship for the last eight

          years with the petitioner and she has complained regarding

          sexual intercourse on the false promise of marriage at such a

          belated stage. He also submits that it is a case of a live-in

          relationship and breakup thereafter. Both parties are majors.

          Moreover, a statement has been made in para 3 of the petition

          that petitioner has no criminal antecedent and he is languishing

          in judicial custody since 13.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
           Patna High Court CR. MISC. No.21514 of 2026(2) dt.06-04-2026
                                                       3/3




                     Judicial Magistrate, Supaul in connection with Balua Bazar

                     (Baluwa Bazar) P.S. Case No. 05 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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