Patna High Court
Irshad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and conditions.
Summary
The petitioner, Irshad Alam, was charged under Sections 64, 89, 352, 351(2) and 3(5) of the BNS for allegedly establishing a sexual relationship with a married informant on a false promise of marriage, causing her pregnancy and a subsequent miscarriage by administering abortion pills, and assaulting her when she demanded marriage. The petitioner sought regular bail, arguing that the relationship was consensual, the informant was making phone calls, and that she had also lodged a case against her own husband. The State and the informant opposed bail, contending that the petitioner sexually exploited the victim. After hearing both sides, the court directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and ordered his release on bail, subject to his cooperation in the trial and availability as required by the court. The bail was granted with conditions, and the petitioner was ordered to be released.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of sexual exploitation, miscarriage, and assault.
- Whether the nature and seriousness of the offences under the BNS preclude bail.
- Whether the petitioner’s alleged cooperation and availability satisfy bail conditions.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 3(5), 351(2), 352, 64, 89
Subjects
- bail
- sexual exploitation
- false promise of marriage
- miscarriage
- assault
- BNS
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44248 of 2025
Arising Out of PS. Case No.-338 Year-2024 Thana- BIRPUR District- Supaul
======================================================
Irshad Alam S/o Naseem Akhtar R/o Bhagwanpur, Ward No. 5, P.S.- Birpur,
Distt- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K. Agrawal, Sr. Adv.
Mr. Bidhu Ranjan, Adv.
Mr. Kumar Rajdeep, Adv.
For the Informant : Mr.Praveen Kumar, Adv.
For the State : Mr. J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 07-01-2026 Heard the learned Senior counsel for the petitioner as
well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Birpur P.S. Case No. 338 of 2024, registered for the offences
punishable under Sections 64, 89, 352, 351(2),3(5) of the BNS.
3. The allegation against the petitioner is that he
established physical relations with the informant on the false
promise of marriage, as a result of which, she became pregnant
and that he allegedly caused her miscarriage by administering
abortion pills. It is further alleged that when the informant
demanded marriage, the petitioner and his family members
assaulted and insulted her and ignored the panchayti convened in
the matter.
4. Mr. N. K. Agrawal, the learned Senior Counsel for the
petitioner has submitted that admittedly the informant is a married
lady. The independent witnesses, in paragraph nos. 49, 50 and 51
Patna High Court CR. MISC. No.44248 of 2025(6) dt.07-01-2026
2/2
of the case diary, have stated that the informant was making phone
calls to the petitioner. According to the submission, the
relationship between the petitioner and the informant was
consensual. He has further submitted that the informant had also
lodged a case against her husband. The petitioner has been in
custody since 24.02.2025.
5. On the other hand, the learned counsel for the State
and the learned counsel for the informant have opposed the prayer
for bail by submitting that the petitioner sexually exploited the
victim.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
ACJM, Birpur, Supaul in connection with Birpur P.S. Case No.
338 of 2024, subject to the following conditions that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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