Patna High Court

Md. AfsarversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioner, holding that the allegations did not preclude the exercise of bail under the applicable provisions.

Summary

The petitioner, Md. Afsar, was named in an FIR for offences including rape (Sec. 376 IPC) and related crimes arising from an alleged relationship with a married informant. The defence argued that the informant was already married, making the incident an extra‑marital affair rather than rape, and cited Supreme Court precedents to that effect. The prosecution conceded the informant’s marital status but did not dispute the alleged conduct. The court found that the claim of a promise of marriage was unconvincing but, considering the circumstances, granted bail to the petitioner. Bail was ordered on the condition of a Rs.10,000 bond with two sureties, subject to Sections 438(2) CrPC and 482(2) of the relevant statute.

Issues considered

Whether the alleged extra‑marital relationship can be construed as rape under Sec. 376 IPC.
Whether the petitioner is entitled to bail despite the serious nature of the charges.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438, 482
Indian Penal Code — s. 313, 34, 376, 504, 506, 509

Subjects

bail
rape
extra‑marital affair
IPC
CrPC
Section 376
Section 438
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36776 of 2025
                       Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S District- Supaul
                 ======================================================
                 Md. Afsar S/O Mohd. Kalam R/O Village- Dharmpatti, Simrahi Bazar, PS-
                 Raghopur, District- Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Noor jahan khatoon, D/o Md. Taj R/o vill-karzain,ward no-9,ps.
                 -karzain,distt-supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Mishra
                 For the Opposite Party/s :        Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   22-01-2026                    Heard the parties.

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Supaul Mahila

                   P.S. Case No. 08 of 2025 registered for the offences

                   punishable under Sections 376, 313, 504, 506, 509/34

                   of IPC.

                                3. The allegation against petitioner is to

                   establish relationship with informant aged about 30

                   years. Informant is a married lady having two children.

                                4. It is submitted by learned counsel appearing

                   on behalf of the petitioner that it is admitted position that
Patna High Court CR. MISC. No.36776 of 2025(5) dt.22-01-2026
                                            2/3




          the informant at the time of occurrence was already

          married, therefore, this is maximum a case of extra

          marital affairs as there is no question qua promise for

          marriage. It is submitted that even corporal relationship

          on false pretext of marriage cannot be termed as rape. In

          support of his submission learned counsel relied upon the

          legal reports of Hon’ble Supreme Court as available

          through Pramod Suryabhan Pawar vs. State of

          Maharastra and Anr. reported in (2019) 9 SCC 608

          and Ansaar Mohammad vs. State of Rajasthan

          reported in 2022 SSC OnLine SC 886 .

                       5. Learned APP duly assisted by learned counsel

          for the informant while opposing the prayer of bail fairly

          conceded that informant was married during the period of

          occurrence.

                        6. In view of aforesaid factual submission and

          by taking note of fact as allegation qua assurance of

          marriage appears non convincing on its face as admittedly

          during the occurrence informant was married women,
              Patna High Court CR. MISC. No.36776 of 2025(5) dt.22-01-2026
                                                          3/3




                        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 SDJM, Supaul/concerned

                        Court, where the case is pending in connection with

                        Supaul Mahila P.S. Case No. 08 of 2025, 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)
Sudha/-

U         T

Continue reading with your account

Checking your session…