Patna High Court
Amir UsmaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted as the relationship appeared consensual and a charge‑sheet had already been filed.
Summary
The petitioner, Amir Usmani, was charged under Sections 376, 506/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act for allegedly sexually exploiting a major woman on the promise of marriage and later refusing to marry her due to dowry demands. The prosecution alleged a consensual relationship that turned into sexual exploitation, while the petitioner contended that the relationship was entirely consensual and that a charge‑sheet had already been filed. The State opposed bail on the ground of the petitioner’s refusal to marry the victim. The court examined the facts, noting that the relationship appeared consensual and that a charge‑sheet was already submitted, and held that these factors did not preclude bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged rape and dowry demand where the relationship appears consensual.
- Whether the petitioner’s refusal to marry the victim is a sufficient ground to deny bail.
- Whether the filing of a charge‑sheet under the IPC and Dowry Prohibition Act affects bail eligibility.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 376, 506
Subjects
- bail
- rape
- dowry
- consensual relationship
- Indian Penal Code
- Dowry Prohibition Act
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36472 of 2026
Arising Out of PS. Case No.-47 Year-2023 Thana- MAHILA P.S. District- Bhagalpur
======================================================
Amir Usmani S/o Late Omar Ashique Usmani R/o Village - Jabbarchak
Chowk, Ashiyana Apartment, Block B Flat No. 501, P.S. - Tatarpur, District -
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the State : Mr. Damodar Prasad Tiwary, APP
For the Informant : Mr. Dilip Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 11-06-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 376, 506/34 of the
Indian Penal Code.
3. As per the prosecution case, it is alleged that the
petitioner has sexually exploited the informant/victim on the
promise of marriage.
4. Learned counsel for the petitioner submits that it
would be apparent from the First Information Report itself that
the marriage of the victim was fixed with the petitioner and the
date of the engagement was also fixed on 09.09.2023. It is
further evident from the F.I.R. that the petitioner and the victim
Patna High Court CR. MISC. No.36472 of 2026(2) dt.11-06-2026
2/3
were be in physical relationship for 20 days and thereafter she
also went to Kolkata at the flat of one Md. Jiya, where again
for five days physical relationship was established between the
two. Subsequently, it has been stated that dowry was demanded
and the petitioner refused to marry on account of non-
fulfillment of dowry. Learned counsel further submits that the
relationship between the petitioner and the victim, who is a
major, was completely consensual and after investigation
charge-sheet has been submitted against the petitioner under
Section 376 of the I.P.C. and 3/4 of the Dowry Prohibition Act.
The petitioner is in custody since 14.12.2025 with no criminal
antecedent and charge-sheet has been submitted.
5. Learned APP for the State and learned counsel
for the informant have strongly opposed the grant of bail on the
ground that the petitioner has refused to marry the victim.
6. Taking into consideration the facts and
circumstances and considering the fact that the relationship
between the petitioner and the victim, primafacie, appears
to be consensual and charge-sheet has also been submitted ,
let the above named petitioner, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.36472 of 2026(2) dt.11-06-2026
3/3
each to the satisfaction of the learned A.C.J.M.-IX,
Bhagalpur/concerned Court below in connection with Mahila
P.S. Case No. 47 of 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.