Patna High Court
Md. ShahabuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, holding that the prima facie case of rape on false pretext of marriage was not convincingly established.
Summary
The petitioner, Md. Shahabuddin, was named in an FIR for offences under Sections 323 and 376 of the IPC, alleging he raped the informant, his wife, by falsely promising marriage. He argued that the victim was over 18 years old at the time, as shown by her school transfer certificate, and that they had subsequently married, had two children, and were living together, making the alleged false pretext claim unconvincing. Relying on Supreme Court precedents (Pawar v. State of Maharashtra and Mohammad v. State of Rajasthan), he sought anticipatory bail, contending that the technical nature of the non‑compoundable offence should not preclude bail. The State opposed the bail. The High Court, after considering the facts and submissions, found that the allegation of a false pretext of marriage was not established prima facie and therefore granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Sections 438(2) CrPC and 482(2) BNSS.
Issues considered
- Whether anticipatory bail should be granted in a case alleging rape under Section 376 IPC where the alleged victim is claimed to be an adult and the parties are married.
- Whether the alleged false pretext of marriage negates the offence of rape.
- Whether the non‑compoundable nature of the offence precludes grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 376
Subjects
- anticipatory bail
- rape
- marriage
- age of consent
- non-compoundable offence
- IPC
- CrPC
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27158 of 2026
Arising Out of PS. Case No.-165 Year-2019 Thana- BATHNAHA District- Sitamarhi
======================================================
Md. Shahabuddin Son of Abdul Salam R/o Village - Harpur Bhalha Tola
Bhawanipur, P.S. - Bathnaha, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Informant (Victim) Wife of Md.Shahabuddin, D/o- Aashik Resident of
Village- Bhawanipur, P.S- Bathnaha, District- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Rai
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bathnaha P.S. Case
No. 165 of 2019 registered for the offences punishable under
Sections 323 and 376 of the Indian Penal Code.
3. As per FIR, petitioner committed rape upon
informant on false pretext of marriage.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that in view of annexure P/4, which is the
school transfer certificate of the victim showing her date of birth
01.01.2001, thus by suggesting that on the date of filing of
present complaint/FIR she was major i.e., more than 18 years. It
is submitted that corporeal relation on false pretext of marriage is
Patna High Court CR. MISC. No.27158 of 2026(2) dt.28-04-2026
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not amounting to rape, in support of his submission learned
counsel relied upon the legal report of Hon’ble Supreme Court as
available through Pramod Suryabhan Pawar Vs. State of
Maharastra and Another [(2019) 9 SCC 608] & Ansaar
Mohammad Vs. State of Rajasthan and Another, [2022
SCC OnLine SC 886]. It is further argued by learned counsel
that informant solemnized marriage with petitioner and they are
living happy married life and they have two children from present
wedlock and for only technical reason that the offence in issue is
non-compoundable, prayer of anticipatory bail of petitioner was
rejected by overlooking the aforesaid legal ratio as settled.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as petitioner solemnized marriage with
informant, therefore, establishing physical relationship on false
pretext of marriage prima-facie appears non-convincing,
accordingly petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four weeks, is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge-IV cum Exclusive Special Judge (Rape
Patna High Court CR. MISC. No.27158 of 2026(2) dt.28-04-2026
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& POCO), Sitamarhi/concerned Court, where the case is pending
in connection with Bathnaha P.S. Case No. 165 of 2019, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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