Ajahar AnsariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23327 of 2026
                      Arising Out of PS. Case No.-36 Year-2025 Thana- MAHILA P.S. District- Nawada
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                 Ajahar Ansari Son of Asagar Ansari Resident of Village - Parshadhi, Police
                 Station - Meskaur, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aryan Singh, Advocate
                 For the Informant        :        Mr. Arjun Prasad No.1, Advocate
                 For the Opposite Party/s :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   13-05-2026                        Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner makes a prayer for bail in connection

                   with Nawada Mahila P.S. Case No.36 of 2025, F.I.R dated

                   21.09.2025 registered for the offences punishable under

                   Sections 69, 89, 352, 351(2), 115(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant’s

                   neighbour, Ajahar Ansari, induced the informant into a love

                   affair on the false promise of marriage and established physical

                   relations with her between 10.03.2025 and 25.08.2025. It is

                   further alleged that Ajahar Ansari’s mother and younger brother

                   supported and assured the informant of the proposed marriage.
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          During the relationship, the informant became pregnant and was

          allegedly administered abortion medicine in the fourth month of

          pregnancy, resulting in miscarriage. Thereafter, the accused

          refused to marry her. When the informant disclosed the matter to

          her parents and they approached the accused’s family, they were

          abused and threatened. The FIR was lodged with delay as efforts

          were being made for compromise through village Panchayati,

          which ultimately failed.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been implicated in the present case on the

          allegation of establishing a physical relationship with the

          informant on the false pretext of marriage. It has further been

          submitted that the informant is a major and was fully aware of

          the consequences of her actions, and that both families were

          aware of the love affair between them. It is further submitted

          that merely due to some bitterness in the relation at the

          subsequent stage much less upon having came to know of the

          petitioner’s engagement, may not amount to rape when both the

          parties were in consensual relationship without there being any

          disinclination      shown       in   establishing    physical   /   sexual

          relationship; while there is specific allegation of assault being

          made to her (informant) still, based on such false promise, the
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          relationship between them were established.

                       5. Learned counsel for the petitioner, at this stage,

          referring to the various judgment rendered by the Hon’ble

          Supreme Court in the case of Ansaar Mohammad v. The State

          of Rajasthan & Anr passed in Criminal Appeal No. 962 of

          2022 @ SLP (CRL) No. 5326 of 2022, Naim Ahamed v. State

          (NCT of Delhi) reported in 2023 SCC OnLine SC 89 and Amol

          Bhagwan Nehul v. State of Maharashtra & Anr. reported in

          2025 SCC OnLine SC 1230 submits the Hon’ble Apex Court in

          the aforementioned cases has held that the girl who alleged to

          have established physical relationship with a person on the

          promise of marriage is always aware of the consequences and

          while being aware of such consequences, if such acts are

          committed, then no criminality could be found out in such

          relationship, which has been established with consent and both

          the informant as well as the petitioner are said to be major and

          are well aware of the consequences and since the family

          members of the petitioner were not ready for solemnizing the

          marriage between them, the marriage could not be materialized.

          Lastly, it has been submitted that the petitioner has been in

          judicial custody since 23.12.2025.

                       6. At this stage, learned counsel for the informant and
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                     learned Additional Public Prosecutor for the State opposes the

                     prayer for regular bail.

                                  7. Considering the facts and circumstances that the

                     petitioner has been falsely implicated in the present case due to

                     some bitterness after learning about the petitioner’s engagement

                     and that the informant is a major and both the families were

                     acknowledged with the love affair and the petitioner is in

                     judicial custody since 23.12.2025, let the 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 Sub Divisional Judicial Magistrate, Nawada, in

                     connection with         Nawada Mahila P.S. Case No.36 of 2025,

                     subject to the condition that the petitioner shall co-operate in the

                     investigation/trial.



                                                   (Ajit Kumar, J)
sharun/-

U      T