Patna High Court

Md Mumtaj Alam @ Md. MumtajversusThe State of Bihar

Decided: 17 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that the alleged conduct did not amount to a criminal offence and consequently granted bail to the petitioner.

Summary

The petitioner, Md. Mumtaj Alam, sought bail after being arrested in a case registered under sections 81 and 75 of the Bihar Negotiable Substances Act (BNS) and section 27 of the Arms Act. The prosecution alleged that the petitioner had a consensual sexual relationship with the informant based on a false promise of marriage, which later turned into a charge of forcible sexual intercourse. The petitioner contended that the relationship was a voluntary love affair between two consenting adults, with no coercion or false promise, and that the FIR was false. The State opposed bail, arguing the alleged offences were cognizable. The Court observed that both parties were adults, the informant was aware of the relationship, and no criminal offence could be established, thereby granting bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC. The bail order was conditioned on surrender within eight weeks.

Issues considered

The applicability of bail under Section 482(2) of the Criminal Procedure Code in a case involving alleged sexual offences under sections 81 and 75 of the BNS and section 27 of the Arms Act.
Whether the alleged consensual relationship constitutes a criminal offence under the cited statutes.

Legislation cited

Arms Act — s. 27
Code of Criminal Procedure, 1973 — s. 482

Subjects

bail
consensual relationship
sexual offence
Section 482 CrPC
Bihar Negotiable Substances Act
Arms Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90245 of 2025
                      Arising Out of PS. Case No.-81 Year-2025 Thana- BEERPUR District- Begusarai
                 ======================================================
                 Md Mumtaj Alam @ Md. Mumtaj S/o- Md. Moeen R/v- Karichak Ps- Birpur
                 Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr. Allama Abdul Quadir Jamal Faridi , Advocate

                 For the Opposite Party/s :       Mr. Umanath Mishra, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   17-01-2026                                Heard learned counsel for the petitioner,

                   informant and the State .

                                 2. Petitioner apprehends his arrest in a case

                   registered for the offence punishable under sections 81 and

                   75 of BNS and 27 of Arms Act.

                          3 . The prosecution case , in brief, is that the informant

                   was in longstanding relationship with the petitioner,

                   allegedly promised to marry her. Based on the said promise ,

                   on 22.10.2024 , this petitioner made physical relationship

                   with the informant and thereafter, refused to marry her.

                                    4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90245 of 2025(2) dt.17-01-2026
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          prosecution case set out in the F.I.R. is false and concocted.

          The informant was major and was conscious of all

          consequences of intimate relationship which continued for

          several months. The act of repeated intimacy and sexual

          relationship was totally consensual in nature and was not

          established under any false promise , threat or coercion . He

          further submits that it is a case of long voluntary love affair

          between two consenting adults which had been given a colour

          of forcibly sexual intercourse with oblique purpose and

          motive . Petitioner claims clean antecedent.

                       5 . Learned counsel for the State and informant

          opposed the bail petition of the petitioner.

                        6. Considering the fact that both the parties were

          major when the relationship developed between them and

          informant was well aware of such relationship and its

          consequences and as such, the same will not amount to any

          criminal offence , in the event of arrest or surrender within

          eight weeks from today, let the petitioner, as named above , 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 the learned J M- 1st Class-cum-A.M., Begusarai

          in connection with Birpur P.S. case No. 81 of 2025 , subject
            Patna High Court CR. MISC. No.90245 of 2025(2) dt.17-01-2026
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                      to the conditions laid down under section 482 ( 2 ) of BNSS.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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