Patna High Court
Md. Mobin AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 3(5), 351(2), 351(3), 352, 482(2), 69, 76
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
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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
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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/-
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