Patna High Court
Abdul Ansari @ Md. Abdul AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petition for anticipatory bail, finding no basis to deny bail under the cited offences.
Summary
Petitioner Abdul Ansari sought anticipatory bail after being implicated in a case alleging that he established a physical relationship with the informant under the false pretext of marriage, later refusing to marry her, and allegedly assaulting her while she was eight months pregnant. The prosecution charged him under Sections 115(2), 351(2), 351(3), 352 and 64 of the B.N.S., while the petitioner contended that the relationship was consensual, both parties were adults, and no offence was committed. The State and the informant opposed the bail, arguing that the allegations amounted to rape and deception. The Court examined the facts, noting the consensual nature of the relationship and the petitioner’s clean antecedents, and concluded that the allegations did not constitute an involuntary act. Accordingly, the Court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S. despite allegations of rape and false promise of marriage.
- Whether the alleged consensual relationship and subsequent refusal to marry constitute an offence under Sections 115(2), 351(2), 351(3), 352 and 64 of the B.N.S.
- Whether the petitioner’s clean antecedents justify the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 115(2), 351(2), 351(3), 352, 482(2), 64
Subjects
- anticipatory bail
- rape
- false promise of marriage
- consensual relationship
- Section 482
- clean antecedents
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84767 of 2025
Arising Out of PS. Case No.-351 Year-2025 Thana- BATHNAHA District- Sitamarhi
======================================================
Abdul Ansari @ Md. Abdul Ansari S/o- Mansur Ansari Resident of Village-
Bhawanipur, P.S.- Bathnaha, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sabana Khatoon D/o- Abdul Rajak Resident of Village- Bhawanipur, P.S.-
Bathnaha, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Jha, Advocate
For the State : Md. Fahimuddin, APP
For the Informant : Mr. Rahul Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-03-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 115(2),
351(2), 351(3), 352 and 64 of the B.N.S..
3. The prosecution case, in brief, is that informant,
who is a married woman and is having two sons, alleged that
she came in contact with this petitioner and since past one and
half years, fell in love with this petitioner and under the false
pretext of marriage and on the assurance that he will take care of
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her children, this petitioner established physical relations with
the informant and later on, refused to solemnize marriage. It is
further alleged that in this regard, a Panchayati was also held in
the village and it was decided that the petitioner will solemnize
marriage with the informant-cum-victim, however, the petitioner
fled away and solemnized marriage with another woman. It is
further alleged that the informant is eight months pregnant and
when she went to the house of this petitioner, she was abused
and assaulted.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. The entire prosecution case, as set out in
the F.I.R., is out and out false, fabricated and concocted. As a
matter of fact, from bare perusal of the F.I.R. it is apparent that
both parties knew each other since long and with the passage of
time, relationship developed. At the time when the relationship
developed, both of them were major and were fully aware of the
consequences of such a relationship. The relationship was
consensual between two consenting adults and both of them
enjoyed each others company for one and half years. It is further
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submitted that only because the relationship could not continue
and failed, the same does not amount to rape. Rest of the
allegations are ornamental in order to make the case grave.
Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and
submitted that petitioner is named in the F.I.R. with specific
accusation that on the false pretext of marriage, this petitioner
established physical relations with the informant and later on,
refused to solemnize marriage.
6. Considering the rival submissions advanced on
behalf of learned counsel for the parties and the fact that from
bare perusal of the prosecution case it is apparent that at the
time when the relationship developed between the parties, both
of them were major and enjoyed each others’ company for one
and half years, the same cannot be said to be inducted or
involuntary and clean antecedents of the petitioner, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
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petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional District and
Sessions Judge-IV-cum-Exclusive Special Judge (Rape and
POCSO), Sitamarhi in connection with Bathnaha P.S. Case No.
351 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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