Created by Fuzzy Cloud

Patna High Court

Md. Mobin AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Md. Mobin Alam, sought bail in a Mahila Police Station case alleging offences under Sections 76, 69, 352, 351(2), 351(3) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. He was accused of sexually exploiting an adult informant under the pretext of marriage and extorting Rs.3,00,000, with the FIR filed later, allegedly to settle a marital dispute. The petitioner argued that the relationship was consensual for two years, the informant was 25 years old, and he had a clean antecedent. The State opposed bail, contending exploitation and refusal to marry. Considering the consensual nature, lack of prior complaints, and the petitioner’s clean record, the court granted bail subject to a Rs.10,000 bond, two sureties, and the condition that one bailor be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations of sexual exploitation and extortion
  • Whether the FIR is bona fide or filed to settle a personal dispute
  • Applicability of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in granting bail

Legislation cited

Subjects

  • bail
  • sexual exploitation
  • extortion
  • consent
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91182 of 2025
                      Arising Out of PS. Case No.-43 Year-2025 Thana- MAHILA P.S. District- Araria
                 ======================================================
                 Md. Mobin Alam S/o Arif R/o Village - Kursail, Ward No. 03, P.S -
                 Mahalgaon, District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No. 43 of 2025, registered for the

                   offences punishable under Sections 76/69/352/351(2)/351(3)/

                   3(5) of the BNS.

                                3. Allegedly on the pretext of marriage, the petitioner

                   sexually      exploited       the    informant        and      also     extracted

                   Rs.3,00,000/- in the name of pursuing studies.

                                4. Learned Advocate for the petitioner referring to the

                   FIR contended that besides the fact the informant is a major, she

                   herself disclosed her age to be 25 years and has categorically

                   stated that she was in relationship for the last two years, it is

                   manifest that the same was consensual in nature. Later on, when

                   the marriage of the petitioner solemnized with other woman and
Patna High Court CR. MISC. No.91182 of 2025(2) dt.15-01-2026
                                            2/3




          there was a dispute with regard to transaction of money, the

          present FIR came to be instituted with a view to settle the score.

          Even if as per the FIR, the altercation took place on 18.08.2025

          and allegedly the petitioner along with other accused persons

          have abused and assaulted, the present FIR came to be instituted

          on 03.09.2025. The petitioner is a student pursuing his studies in

          Farukhabad, Uttar Pradesh and since the informant wants to

          marry with the petitioner, the present FIR came to be instituted

          is the contention of the learned Advocate for the petitioner. The

          petitioner bears fair antecedent.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner has exploited the informant and made physical

          relationship on the pretext of marriage and later on refused to

          solemnize the marriage.

                       6. Regard being had to the submissions set forth on

          behalf of the parties and taking note of the nature of allegation,

          especially the fact that the parties were in relationship for the

          last two years without any complaint against each other as also

          the fair antecedent, let the petitioner abovenamed be released on

          bail, in the event of his arrest or surrender before the court

          below within a period of four weeks from the date of
           Patna High Court CR. MISC. No.91182 of 2025(2) dt.15-01-2026
                                                       3/3




                     receipt/production of a copy of this order, upon furnishing bail

                     bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of the learned SDJM, Araria in

                     connection with Mahila P.S. Case No. 43 of 2025, subject to the

                     conditions laid down in Section 482(2) of the Bharatiya Nagrik

                     Suraksha Sanhita, 2023, with the further condition that one of

                     the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.