Amir Usmani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36472 of 2026 Arising Out of PS. Case No.-47 Year-2023 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Amir Usmani S/o Late Omar Ashique Usmani R/o Village - Jabbarchak Chowk, Ashiyana Apartment, Block B Flat No. 501, P.S. - Tatarpur, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the State :

Mr. Damodar Prasad Tiwary, APP For the Informant :

Mr. Dilip Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-06-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 376, 506/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner has sexually exploited the informant/victim on the promise of marriage.

4. Learned counsel for the petitioner submits that it would be apparent from the First Information Report itself that the marriage of the victim was fixed with the petitioner and the date of the engagement was also fixed on 09.09.2023. It is further evident from the F.I.R. that the petitioner and the victim

Patna High Court CR. MISC. No.36472 of 2026(2) dt.11-06-2026 2/3 were be in physical relationship for 20 days and thereafter she also went to Kolkata at the flat of one Md. Jiya, where again for five days physical relationship was established between the two. Subsequently, it has been stated that dowry was demanded and the petitioner refused to marry on account of nonfulfillment of dowry. Learned counsel further submits that the relationship between the petitioner and the victim, who is a major, was completely consensual and after investigation charge-sheet has been submitted against the petitioner under Section 376 of the I.P.C. and 3/4 of the Dowry Prohibition Act. The petitioner is in custody since 14.12.2025 with no criminal antecedent and charge-sheet has been submitted.

5. Learned APP for the State and learned counsel for the informant have strongly opposed the grant of bail on the ground that the petitioner has refused to marry the victim.

6. Taking into consideration the facts and circumstances and considering the fact that the relationship between the petitioner and the victim, primafacie, appears to be consensual and charge-sheet has also been submitted, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.36472 of 2026(2) dt.11-06-2026 3/3 each to the satisfaction of the learned A.C.J.M.-IX, Bhagalpur/concerned Court below in connection with Mahila P.S. Case No. 47 of 2023.

(Soni Shrivastava, J) anand/- U T