Patna High Court

Md. DanishversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to conditions.

Summary

The petitioner, Md. Danish, was accused under Sections 69 and 89 of the Bharatiya Nyaya Sanhita for allegedly entering a relationship under false pretence, refusing to marry the informant after she became pregnant, and providing abortion pills. The prosecution’s case was based on the informant’s claim that the petitioner induced the pregnancy and acted coercively. The petitioner contended that the relationship was consensual, the informant was an adult and divorced, and that the FIR was fabricated. He applied for anticipatory bail, arguing clean antecedents and lack of any coercion or false promise. The court, after considering the nature of the allegations and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioner accused under Sections 69 and 89 of the Bharatiya Nyaya Sanhita
Whether the alleged acts constitute a false or coerced sexual offence or a consensual relationship

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 69, 89

Subjects

anticipatory bail
sexual offences
consent
false allegations
Bharatiya Nyaya Sanhita
Section 69
Section 89
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27363 of 2026
                       Arising Out of PS. Case No.-52 Year-2026 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Md. Danish Son of Md. Gulam Moinuddin Resident of Sadikpur Sarai, P.O.-
                 Gulzarbagh, P.S.- Alamganj, Patna City, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Saurabh, Advocate
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 69, 89 of the Bharatiya

                   Nyaya Sanhita.

                                3. Prosecution case, in brief, is that informant became

                   friend with this petitioner in November 2024 and on pretext of

                   marriage this petitioner, firstly, established physical relation

                   with informant on 06.11.2024 and thereafter, the relationship

                   continued for one year. When informant became pregnant, this

                   petitioner refused to marry her and fraudulently gave her

                   abortion pills.

                                4. Learned counsel for the petitioner submits that

                   entire case as set out in the F.I.R. is false and concocted.

                   Informant was major and a divorced lady when the relationship
Patna High Court CR. MISC. No.27363 of 2026(2) dt.29-04-2026
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          developed between the parties and was fully aware of the

          consequences of such relationship which continued for about

          one year. He further submits that acts of repeated intimacy and

          sexual relationship was consensual in nature and was not

          established under any false promise, threat or coercion and such,

          the same cannot be said to be induced or involuntary. As a

          matter of fact, it is a case of prolonged love affair between two

          consenting adults which has been given a colour of forcible

          sexual intercourse with oblique purpose and motive. Rest of

          allegation are ornamental. Petitioner claims clean antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the backdrop of the case, nature of

          accusation and clean antecedent, this anticipatory bail is allowed

          and it is ordered that let the above named petitioner in the event

          of his arrest/surrender before the court below within a period of

          eight weeks from today, 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 Additional Chief

          Judicial Magistrate, Patna City in connection with Alamganj P.

          S. Case No. 52 of 2026, subject to condition as laid down under
              Patna High Court CR. MISC. No.27363 of 2026(2) dt.29-04-2026
                                                          3/3




                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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