Patna High Court
Abhishek Mohan JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner on the basis that the alleged relationship was consensual and he has no criminal antecedent.
Summary
The petitioner, Abhishek Mohan Jha, was charged under Sections 69, 115(2), 126(2), 351(2) and 352 of the B.N.S. for allegedly sexually exploiting a woman on a false pretext of marriage for eight years. He contended that the relationship was consensual, noting that he is the cousin of the woman's husband and that the prosecution itself acknowledged frequent visits to her house. The petitioner applied for anticipatory bail, arguing lack of criminal antecedent and the consensual nature of the relationship. The State opposed the bail. The Court, after considering the long‑standing consensual relationship and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the alleged eight‑year relationship constitutes a consensual adult relationship exempting the petitioner from offences under Sections 69, 115(2), 126(2), 351(2) and 352 of the B.N.S.
- Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. in the present facts
- Whether the petitioner’s lack of prior criminal record warrants bail
Legislation cited
Subjects
- anticipatory bail
- consensual relationship
- sexual exploitation
- Section 438 CrPC
- Section 482 B.N.S.S.
- B.N.S. offences
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89796 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- MAHILA PS District- Darbhanga
======================================================
Abhishek Mohan Jha Son of Ram Naresh Jha Resident of village Mahinam,
P.S.- Bahera, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha
For the Opposite Party/s : Mr. Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 69, 115(2),
126(2), 351(2), 352 of the B.N.S.
3. The allegation in the first information report is that
the petitioner sexually exploited the informant on false pretext
of marriage for last eight years.
4. Learned counsel for the petitioner submits that the
petitioner happens to be the cousin of the husband of the
informant and it is the case of the prosecution itself that he was
frequently visiting the house of the informant while the husband
of the informant was living at Mumbai. The allegation of having
relationship with the informant for a period of eight years on the
Patna High Court CR. MISC. No.89796 of 2025(2) dt.15-01-2026
2/3
pretext of marriage indicates that the said relationship, if any,
between the informant and the petitioner would be a consensual
relationship between two adults and would not amount to
offence of rape. It has also been submitted that there is land
dispute between the parties and an informatory petition had
been filed on behalf of the father of the petitioner against the
informant.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering that the relationship
between the petitioner and the informant having continued over
a period of eight long years is clearly indicative of a consensual
relationship between the parties and the petitioner happens to be
the cousin of the husband of the informant, let the above named
petitioner, who has no criminal antecedent, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned court below where the case is
pending/successor court in connection with Mahila
Patna High Court CR. MISC. No.89796 of 2025(2) dt.15-01-2026
3/3
P.S. Case No. 146 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…