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Patna High Court

Dilshad @ Dilshad Alam @ DilsadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Dilshad, sought regular bail in a case registered under sections 126(2), 115(2), 69, 352, 351(2), 351(3) and 3(5) of the BNS, alleging that the alleged offences stemmed from a consensual relationship and a broken promise of marriage. The prosecution argued that the petitioner had taken the informant to Delhi, kept her as a wife, and later refused to marry her, constituting the offences. The petitioner contended he had no criminal antecedent, the relationship was consensual, and he remained willing to marry the informant, as reflected in the trial court record. The State opposed bail, but the High Court, after considering the facts, found the matter to be a personal dispute between adults and noted the petitioner's willingness to marry. Consequently, the Court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under sections 126(2), 115(2), 69, 352, 351(2), 351(3) and 3(5) of the BNS
  • Whether the alleged consensual relationship and broken promise of marriage constitute an offence under the cited sections
  • Whether the petitioner's lack of prior criminal record and willingness to marry the informant justify granting bail

Legislation cited

  • BNS — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 69

Subjects

  • bail
  • criminal procedure
  • BNS
  • sections 126,115,69,352,351
  • consensual relationship
  • promise of marriage
  • personal dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23002 of 2026
                      Arising Out of PS. Case No.-40 Year-2025 Thana- MAHILA P.S. District- Araria
                 ======================================================
                 Dilshad @ Dilshad Alam @ Dilsad S/O Late Najbul R/O Village- Palankaf,
                 Ward No. 02, P.S- Angar, Distt.- Purnea, Bihar- 855107.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Noor Sanvar D/O Late Sameer Uddin R/O Village- Lokhariya, P.O.- Bara
                 Istambarar, P.S.- Jokihar, Dist.- Araria 854311.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Asif Ansari, Advocate
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 69, 352, 351(2), 351(3), 3(5) of BNS.

                                3. The case of the prosecution is that the informant

                   was in relationship with the petitioner and it is alleged that on

                   the promise of marriage, petitioner started coming to the house

                   of the informant and started establishing physical relationship

                   with her. She was taken to Delhi and was kept there as his wife.

                   It is further alleged that now the petitioner has denied to marry

                   her.
Patna High Court CR. MISC. No.23002 of 2026(2) dt.08-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the relationship was

          consensual one between them and the petitioner has never

          established physical relationship with her on the false promise

          of marriage. It has further been submitted that petitioner is still

          ready to marry the informant which is apparent from the order

          of the learned trial court as the learned trial court has recorded

          that learned counsel for the petitioner has submitted that the

          petitioner has never denied marrying the informant and he is

          still ready to marry. A statement has been made in para-3 of this

          petition that the petitioner has got no criminal antecedent.

          Moreover, he is languishing in judicial custody since

          17.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. From perusal of the facts and circumstances of this

          case, it is clear that it is a case of relationship between two

          adults and break up thereafter, however, the petitioner is still

          ready to marry the informant.

                       7. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.23002 of 2026(2) dt.08-04-2026
                                                        3/3




                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Araria Mahila P.S. Case No. 40 of 2025 on furnishing bail bond

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

                      amount each to the satisfaction of learned District and

                      Additional Sessions Judge-I, Araria.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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