Patna High Court
Md. JamalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Md. Jamal, was accused of sexually exploiting a married woman, Israt Praveen, under Section 69 of the BNSS. He applied for anticipatory bail, claiming innocence and arguing that a married woman cannot enter a second marriage. The State and the informant jointly opposed the bail. The Court considered the nature of the dispute and the provisions of Section 438(2) of the CrPC and Section 482 of the BNSS. It allowed the anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with the conditions prescribed. The order is subject to the Special Judge (Rape and POCSO) in Samastipur.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case of alleged sexual exploitation under Section 69 BNSS
- Whether the allegations constitute a non‑bailable offence warranting denial of bail
- Whether the provisions of Section 482 of the BNSS empower the court to grant anticipatory bail
Legislation cited
- BNSS — s. 482, 69
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- sexual exploitation
- marriage
- Section 69
- Section 438
- Section 482
- Criminal Procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40963 of 2025
Arising Out of PS. Case No.-11 Year-2025 Thana- MAHILA P.S. District- Samastipur
======================================================
Md. Jamal S/O Md. Muslim Resident of Village- Gohi Bishanpur Ward No. 2,
P.S- Sarisnagar, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Israt Praveen D/O Md. Makhabul R/O Village- Kamopur Ward No. 2, P.S-
Khanpur, Distt.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar Singh, Advocate
For the State : Mr.Md. Aslam Ansari, APP
For the O.P. No. 2 : Mr.Gaurav Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahila P.S. Case No. 11 of 2025 registered for
the offence under Section 69 of B.N.S.
3. As per the prosecution case, informant is a
married woman and she has lodged this case as she was sexually
exploited by the petitioner on the pretext of marriage.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that a married
woman cannot be remarried and no promise can be made by
Patna High Court CR. MISC. No.40963 of 2025(6) dt.23-02-2026
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anyone for second marriage when the informant was already
married. Petitioner has clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant have jointly opposed the prayer for
anticipatory bail of the petitioner.
6. Considering the fact this is a case in which the
relationship between the parties has turned sour, this application
is accordingly allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special Judge
(Rape and POCSO) Act, Samastipur/ concerned Court below in
connection with Mahila P.S. Case No. 11 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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