Patna High Court
Md. Gulsad Hussain @ Md. GulsadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Gulsad Hussain, was implicated in a case registered under Sections 329(4), 64(1), 351(2) and 352 of the Bharatiya Nagrik Suraksha Sanhita, 2023, alleging sexual exploitation of a 19‑year‑old girl under the pretext of marriage. The petitioner contended that the FIR was lodged fifteen days after the alleged incident without justification and that the relationship with the victim was consensual, with the victim’s statement under Section 183 supporting this claim. The State opposed bail, arguing that the petitioner’s refusal to marry after exploitation constituted culpability. The Court examined the delay in filing the FIR, the victim’s statement indicating a consensual relationship, and the petitioner’s clean antecedents, and consequently granted pre‑arrest bail subject to monetary and surety conditions and a family‑member bailor requirement under Section 482(2). The order also directed the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether pre‑arrest bail should be granted in view of the alleged offences and the fifteen‑day delay in filing the FIR
- Whether the victim’s statement indicating a consensual relationship negates the alleged criminal liability
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 183, 329(4), 351(2), 352, 482(2), 64(1)
Subjects
- pre‑arrest bail
- delay in FIR
- sexual exploitation
- consent
- marriage promise
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66736 of 2025
Arising Out of PS. Case No.-170 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Md. Gulsad Hussain @ Md. Gulsad S/o Md. Gulzar Hussain @ Md. Gulzar
R/o Village - Lakhminiya, Ward No.- 19, PS - Balia, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
Ms. Isha Mishra, Adv.
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 21-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Ballia P.S. Case No. 170 of 2025, registered for the
offences punishable under Sections 329(4), 64(1), 351(2) and
352 of the B.N.S., 2023.
3. Allegedly in the night of 03.05.2025, the petitioner
along with unknown persons entered into the house of the
informant and committed wrongful act over his daughter, aged
about nineteen years. When the informant came to know about
the said occurrence, then the victim girl threatened that if the
incident would be brought to the knowledge of others, the
accused persons might have kill her father and brother. It is also
alleged that the petitioner has also promised for marriage.
Patna High Court CR. MISC. No.66736 of 2025(4) dt.21-01-2026
2/3
4. Learned Advocate for the petitioner taking this
Court through the FIR primarily contended that the alleged
occurrence took place on 03.05.2025, but the present FIR came
to be instituted after delay of fifteen days, without there being
any proper explanation for the same. In fact, the petitioner had a
good term with the victim girl and taking benefit of the same,
the informant and others were pressurizing him to solemnize
marriage and when the petitioner refused to do so, the present
FIR came to be instituted. The mother of the petitioner along
with other villagers have also filed several petitions before all
the authorities concerned, including the SDPO, Superintendent
of Police as well as DIG, Begusarai to investigate the matter
properly and give a clean chit to the petitioner. The statement of
the victim has also been recorded under Section 183 BNSS,
wherein she has stated that both the petitioner and the victim
were in talking term and they were living as a husband and wife,
however, it is the family members of the petitioner, who are
making hindrances in solemnization of marriage. The petitioner
is a man of fair antecedent and undertakes that he will fully co-
operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
Patna High Court CR. MISC. No.66736 of 2025(4) dt.21-01-2026
3/3
victim was subjected to sexual exploitation on the pretext of
marriage and later on, the petitioner refused to perform the
marriage and, as such, his complicity cannot be denied.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the delay in institution of the FIR as well as statement of the
victim, wherein she has disclosed about the consensual
relationship, beside she being a major, let the petitioner above
named be released on bail, in the event of his arrest or surrender
before the court below within a period of four weeks from the
date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Begusarai in connection with Ballia P.S. Case No. 170
of 2025, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
Checking your session…