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Patna High Court

Arbaj AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with conditions under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.

Summary

Arbaj Alam was arrested in connection with a case alleging offences under Sections 64(1), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, involving alleged luring, physical relationship, blackmail and attempted kidnapping of the informant's daughter. The petitioner claimed the relationship was consensual, the victim refused a medical examination, and the victim’s statement under Section 183 did not mention rape. He argued that he is about 18 years old, has a clean antecedent and has been in custody since 23‑08‑2025 with a charge‑sheet already filed. The State opposed bail, maintaining that a specific allegation of rape exists. The Court, considering the doubtful nature of the allegation, the consensual aspect, the petitioner’s age and clean record, and the filing of the charge‑sheet, granted bail subject to conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the accused in view of the alleged offences under Sections 64(1), 115(2) and 351(2) of the BNSS
  • Whether the alleged facts constitute a serious offence justifying denial of bail

Legislation cited

Subjects

  • bail
  • rape allegation
  • consensual relationship
  • Bharatiya Nyaya Sanhita
  • Section 64
  • Section 115
  • Section 351
  • Section 480
  • Section 183
  • age of accused
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83769 of 2025
                  Arising Out of PS. Case No.-368 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Arbaj Alam S/o Jubair Alam @ Md. Juber Alam Resident of Village-
                 Deramari, Ward No. 4, P.S.- Kochdhaman, District- Kishanganj.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :      Mr. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Bahadurganj P.S. Case No. 368 of 2025

                   registered for the alleged offences under Sections 64(1), 115(2),

                   351(2) of the Bharatiya Nyaya Sanhita, 2023.

                                03. As per prosecution case, the petitioner giving

                   allurement of marriage to the daughter of the informant, but

                   without marrying her, started making physical relationship with

                   her. Thereafter, the petitioner started blackmailing her and tried

                   to kidnap her.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case.

                   From the FIR, it is apparent that the petitioner and the daughter

                   of the informant were on talking terms and they established
Patna High Court CR. MISC. No.83769 of 2025(3) dt.11-02-2026
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          consensual relationship. They were caught by the villagers and

          for this reason, the present case has been lodged. The victim girl

          refused to undergo medical examination. Learned counsel further

          submits that the witnesses examined during investigation has also

          stated that the daughter of the informant had been going with the

          petitioner on his motorcycle and they caught hold of them. It

          shows the voluntary nature of act of the petitioner. The statement

          of the victim girl was recorded under Section 183 of BNSS, but

          she did not make any statement about the petitioner making

          physical relationship with her, though she has stated about the

          petitioner having a photograph of the victim on his mobile

          phone. Therefore, there is no iota of evidence to corroborate the

          allegation of commission of rape. Learned counsel further

          submits that the petitioner is aged about 18 years and he has got

          clean antecedent. The petitioner is in custody since 23.08.2025

          and charge-sheet has been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that there

          is specific allegation against the petitioner that he committed

          rape with the daughter of the informant.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          doubtful nature of allegation and also considering the somewhat
           Patna High Court CR. MISC. No.83769 of 2025(3) dt.11-02-2026
                                                       3/3




                     consensual relationship of the parties and further considering the

                     age of the petitioner and his clean antecedent and also

                     considering the period of custody of the petitioner along with

                     submission of charge-sheet, the petitioner above named is

                     directed to be released on bail on furnishing bail bonds of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount each

                     to the satisfaction of learned Chief Judicial Magistrate,

                     Kishanganj/court concerned in connection with Bahadurganj P.S.

                     Case No. 368 of 2025, subject to the conditions mentioned in

                     Section 480(3) of BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of the

                                  petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be cancelled

                                  by the court concerned.



                                                   (Arun Kumar Jha, J)
Ashish/-

U      T


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