Md Mumtaj Alam @ Md. Mumtaj v. The State Of Bihar

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 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 2/3 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 3/3 to the conditions laid down under section 482 ( 2 ) of BNSS. (Prabhat Kumar Singh, J) Koushik/- U T