Patna High Court
Nawaz Sharif @ Nawaj SharifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the FIR does not substantiate a refusal to marry by the petitioner and, given the lack of convincing evidence and his clean antecedents, bail should be granted subject to conditions.
Summary
The petitioner, Nawaz Sharif, was named in an FIR alleging that he deceived a woman into a physical relationship under false pretences of marriage, invoking sections 69, 115(2), 351(2), 352 and 3(5) of the BNS. The woman, who was already married, claimed the petitioner lived with her as a wife for two years, but the petitioner’s counsel argued she habitually files false cases and had previously extorted money. The prosecution opposed bail, while the petitioner asserted a clean antecedent. The court examined the FIR and found it did not demonstrate that the petitioner refused to marry, noting that family interference, not the petitioner’s actions, prevented the marriage. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the FIR establishes sufficient grounds to deny bail to the petitioner under the alleged offences.
- Whether the allegations of a false marriage claim are credible enough to warrant continued detention.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 3(5), 351(2), 352, 69
- Bihar Negotiable Statutes (BNSS) — s. 482(2)
Subjects
- bail
- false allegations
- marriage fraud
- Section 69 BNS
- Section 115(2) BNS
- Section 351(2) BNS
- Section 352 BNS
- Section 3(5) BNS
- Section 482(2) BNSS
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42161 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- MAHILA P.S District- West Champaran
======================================================
Nawaz Sharif @ Nawaj Sharif S/O Md. Mustufa Ansari @ Mustapha Ansari
R/O- Puraina, Pandey Tola, PS- Chanpatia, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta,Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bettiah Mahila
P.S. Case No. 07 of 2026 registered for the offences
punishable under Sections 69, 115(2), 351(2), 352, 3(5) of
BNS.
3. As per FIR petitioner alleged by informant that
he established physical relationship with her on false pretext
of marriage on several occasions. It is also alleged that
informant lived with petitioner as a wife for long two years at
Delhi.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.42161 of 2026(2) dt.02-07-2026
2/3
behalf of the petitioner that informant is already a married
lady having two children and due to certain disputes with her
first husband, she started to live alone alongwith her
parents. It is submitted that the informant is habitual to
lodge such a false case and in support of his submission
learned counsel referred to Annexure P/5 of the present bail
petition, where prior to lodging this case, she already
extorted Rs. 80,000/- from one Sarfuddin Ansari for not
lodging criminal case with same allegation. It is submitted
that if the allegation as raised through FIR be accepted for a
while, it can be safely gathered that the marriage was not
solemnized due to interference of the family members of the
petitioner. It is nowhere alleged that the petitioner refused
to marry with informant and therefore, the allegation qua
establishing physical relationship by deceitful means not
appears convincing as to attract the allegations within the
meaning of Section 69 of BNS. Petitioner claimed clean
antecedent.
5.Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.42161 of 2026(2) dt.02-07-2026
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taking note of fact as prima-facie FIR not suggest that
marriage of petitioner could not solemnized due to refusal of
petitioner, rather it suggest that it was the family members
of the petitioner due to whom the marriage of informant
could not solemnized with petitioner, 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, West
Champaran, Bettiah /concerned Court, where the case is
pending in connection with Bettiah Mahila P.S. Case No. 07
of 2026, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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