Patna High Court
Arbaj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 183, 351(2), 480(3), 64(1)
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
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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
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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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