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Patna High Court

Irshad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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