Patna High Court

Md Shaif @ saifversusThe State of Bihar

Decided: 19 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to regular bail given the consensual relationship, delay in FIR filing, and absence of prior criminal record.

Summary

The petitioner, Md Shaif, was charged under Section 64 of the BNS, 2023, for alleged sexual intercourse on a false promise of marriage. The prosecution alleged that the petitioner and the informant had a physical relationship, which ended with the petitioner’s parents assaulting the informant. The petitioner argued that the relationship was consensual, the FIR was lodged 15 days after the last alleged incident without explanation, and he had no prior criminal record. The informant opposed bail. Considering the delay in filing the FIR, the consensual nature of the relationship, and the petitioner’s clean record, the court ordered his release on regular bail upon furnishing a bail bond with sureties.

Issues considered

Whether the petitioner is entitled to regular bail under Section 64 of the BNS, 2023.
Whether the unexplained delay in lodging the FIR affects the bail application.
Whether the consensual nature of the alleged relationship and lack of criminal antecedents justify granting bail.

Legislation cited

BNS, 2023 — s. 64

Subjects

regular bail
Section 64
BNS 2023
consensual relationship
delay in FIR
false promise of marriage
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79909 of 2025
                         Arising Out of PS. Case No.-168 Year-2025 Thana- KASBA District- Purnia
                 ======================================================
                 Md Shaif @ saif Son of Md. Jalal R/o Park Tola, Ward no. 02, Nagar Parishad
                 Kasba, P.S. - Kasba, Dist. - Purnea.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Dr.Bidhu Ranjan, Advocate
                                                   Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr.Binod Kumar, APP
                 For the Informant        :        Md. T. Azhar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-01-2026                        Heard learned counsel for the petitioner, informant

                   and learned APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 64 of the

                   BNS, 2023.

                                 3.     The case of the prosecution is that the informant

                   and the petitioner were in relationship. The informant used to go

                   the house of the petitioner. It is further alleged that they had also

                   established physical relationship. Ultimately, on 09.06.2025,

                   they established a physical relationship when the petitioner was

                   along at his house. In the meantime, the parents of the petitioner

                   arrived and allegedly assaulted the informant and ousted her

                   from the house. It is further alleged that the petitioner is not
Patna High Court CR. MISC. No.79909 of 2025(2) dt.19-01-2026
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          ready to marry with her.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          according to the FIR, the last date of physical relationship

          between the petitioner and the informant is 09.06.2025 whereas

          the FIR was lodged on 25.06.2025. There is delay of 15 days in

          lodging the FIR which has not been explained by the informant.

          It is further submitted that it is a simple case of a consensual

          relationship between two majors and the subsequent break-up

          thereof which has been given the colour of sexual intercourse

          on a false promise of marriage. Moreover, the petitioner is

          languishing in judicial custody since 18.08.2025 having no

          criminal antecedent.

                       5. Learned counsel appearing for the Informant has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Kasba P.S. Case No. 168 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned
            Patna High Court CR. MISC. No.79909 of 2025(2) dt.19-01-2026
                                                        3/3




                      Chief Judicial Magistrate, Purnia.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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