Kurwan Ansari @ Rizwan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20798 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- DHANKUND District- Banka ====================================================== Kurwan Ansari @ Rizwan Ansari S/o Khushid Ansari @ jichhu Ansari Resident of village- Milki Dostani, P.S.- Dhankund, District- Banka ... ... Petitioner/s

Versus

1.

The state of Bihar 2.

Md. Imran S/o Late Abdul Kadir R/o Vill- Hasay, P.S.- Dhankund, Distt.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

2. The petitioner seeks bail in connection with Dhankund P.S. Case No. 95 of 2024, instituted for the offences punishable under Sections 96, 137(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 8 and 12 of POCSO Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons kidnapped daughter of the informant with an intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.20798 of 2025(3) dt.15-07-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there was love affair in between the victim and the petitioner. It is further submitted that the victim in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has stated they were having love affair for about three years and she has not mentioned about any overt act against the petitioner. The petitioner is in custody since 14.09.2024 and has got one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhankund P.S. Case No. 95 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.20798 of 2025(3) dt.15-07-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T