Patna High Court
Istakhar Alam @ Iftakhar Ahmad @ IftekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail was granted to the petitioner with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Istakhar Alam sought anticipatory bail after an FIR was lodged alleging that he had entered into a sexual relationship with the informant by falsely promising marriage and later refused to marry, invoking Sections 69 and 352 of the Bharatiya Nyaya Sanhita. The informant, an adult, contended that the relationship was consensual and lasted about a year, denying any coercion or false promise. The State and the informant opposed bail, arguing the allegations constituted offences. The court noted the petitioner’s clean antecedent and the consensual nature of the alleged relationship, and consequently granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Sections 69 and 352 of the Bharatiya Nyaya Sanhita.
- Whether the alleged relationship constitutes a false promise of marriage or a consensual affair, affecting the applicability of the offences.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to condition bail in such circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 352, 69
Subjects
- anticipatory bail
- false promise of marriage
- consensual relationship
- sexual offences
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 69
- Section 352
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5731 of 2026
Arising Out of PS. Case No.-975 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Istakhar Alam @ Iftakhar Ahmad @ Iftekhar S/O Shekh Tahidan @ Shekh
Tauhid R/O Village- Mahuava, Ward No. 09, P.S.- Shikarpur, Distt.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
For the Informant : Mr. Sarvesh Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-06-2026 Earlier,vide order dated 25.02.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 69 and 352 of the
Bharatiya Nyaya Sanhita.
4. As per F.I.R., informant alleged that on false
promise of marriage, this petitioner established physical relation
with the informant and thereafter, refused to marry.
5. Learned counsel for the petitioner submits that
entire case as set out in the F.I.R. is false and concocted.
Patna High Court CR. MISC. No.5731 of 2026(4) dt.23-06-2026
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Informant was major when the relationship developed between
the parties and was fully aware of the consequences of such
relationship which continued for about one year. He further
submits that acts of repeated intimacy and sexual relationship
was consensual in nature and was not established under any
false promise, threat or coercion and such, the same cannot be
said to be induced or involuntary. As a matter of fact, it is a case
of prolonged love affair between two consenting adults which
has been given a colour of forcible sexual intercourse with
oblique purpose and motive. Petitioner claims clean antecedent.
6. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
7. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Rape & POCSO Act, West Champaran, Bettiah in
connection with Shikarpur P. S. Case No. 975 of 2025, subject
Patna High Court CR. MISC. No.5731 of 2026(4) dt.23-06-2026
3/3
to condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
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