Patna High Court
Parvej AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, holding that the allegation of rape appears to be raised on a false pretext of marriage.
Summary
The petitioner, Parvej Alam, was named in an FIR for offences under Sections 341, 323, 376, 504, 34 of the IPC and Sections 4 and 6 of the POCSO Act, alleging a physical relationship with the minor daughter of the informant under a false pretext of marriage. The petitioner contended that the relationship was consensual, the victim was aged 17‑18, and the rape allegation was fabricated because the marriage could not be solemnised. He relied on Supreme Court precedents (Pawar v. State of Maharashtra and Ansaar Mohammad v. State of Rajasthan) to argue that consensual intercourse on a false pretext does not constitute rape. The prosecution opposed bail. The Court, after considering the factual submissions and noting that the allegation appeared to be a false pretext, directed that the petitioner be released on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the allegation of rape under the POCSO Act and IPC can be considered a false pretext of marriage warranting bail.
- Whether consensual intercourse with a minor aged 17‑18, alleged to be on a false pretext of marriage, amounts to rape under the law.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 376, 504
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- POCSO
- rape
- false pretext of marriage
- consent
- minor
- IPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59805 of 2024
Arising Out of PS. Case No.-237 Year-2024 Thana- SIKARPUR District- West Champaran
======================================================
Parvej Alam S/O Sagir Miyan R/O Village- Shivganj, Ward No. 7, P.S-
Shikarpur, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X (Symbolic name of the mother of the so called Victim) W/O Bhikhar
Ansari @ Naimuddin Ansari R/O Village- Shivganj, Ward No. 7, P.S-
Shikarpur, Dist.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 03-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Shikarpur P.S.
Case No. 237 of 2024 registered for the offences
punishable under Sections 341, 323, 376, 504, 34 of IPC
and u/s 4 and 6 of POCSO Act.
3. The allegation against petitioner is to
establish physical relationship with minor daughter of the
informant/O.P. No. 2 on false pretext of marriage.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.59805 of 2024(4) dt.03-02-2026
2/3
petitioner submitted that admittedly relationship was
established out of consent. It is pointed out that victim
found between age group of 17-18 years and as due to
certain reasons when marriage of petitioner could not
solemnize with victim the present false allegation was
raised against him. It is submitted that corporeal relation
on false pretext of marriage is not amounting to rape, in
support of his submission learned counsel relied upon the
legal report of Hon’ble Supreme Court as available
through Pramod Suryabhan Pawar Vs. State of
Maharastra and Another [(2019) 9 SCC 608] &
Ansaar Mohammad Vs. State of Rajasthan and
Another [(2022) SCC OnLine SC 886]. While
concluding argument, it is submitted that petitioner
claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation of rape appears to be
raised on false pretext of marriage, accordingly petitioner
Patna High Court CR. MISC. No.59805 of 2024(4) dt.03-02-2026
3/3
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 Addl.
District and Sessions Judge 7th cum Special Judge,
POCSO, Bettiah, West Champaran /concerned Court,
where the case is pending in connection with Shikarpur
P.S. Case No. 237 of 2024, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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