Salman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40835 of 2025 Arising Out of PS. Case No.-363 Year-2024 Thana- ARWAL District- Jehanabad ====================================================== Salman Ansari son of Md. Kalam Hussain Village- Belkhara, Ps -Karpi , DistArwal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X, D/O-Mukesh Shaw R/o- Baidrabad PS and District- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayank Singh, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Learned in-charge APP, Mr. Choubey Jawahar has informed the O.P. No. 2 regarding her appearance in the present case, however, none appears on her behalf.

2. The petitioner seeks bail in connection with Arwal P.S. Case No. 363 of 2024, POCSO Case No. 130 of 2024 instituted for the offences under Sections 96 of the Bharatiya Nyaya Sanhita, 2023 and 8/12 of the POCSO Act.

3. Accusation against the petitioner is of luring away the informant's minor daughter on the pretext of marriage.

Patna High Court CR. MISC. No.40835 of 2025(7) dt.03-11-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 183 of the BNSS has specifically stated that she left her house on her own sweet will and this petitioner never gave any compulsion or threat to her. He further submitted that nothing has been whispered against the petitioner in Section 183 BNSS statement of the victim. Charge-sheet has been submitted in this case and charge has also been framed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.10.2024 and has no criminal antecedent.

5. Learned A.P.P. 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, there being no material against the petitioner in Section 183 BNSS statement of the victim as also 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.40835 of 2025(7) dt.03-11-2025 3/3 below/concerned Court in connection with Arwal P.S. Case No. 363 of 2024, POCSO Case No. 130 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T