Patna High Court
Dilshad @ Dilshad Alam @ DilsadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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/-
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