Ali Hassan Ansari @ Alihasan Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46552 of 2025 Arising Out of PS. Case No.-35 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Ali Hassan Ansari @ Alihasan Mansuri Son of Shamshuddin Ansari @ Eliyas Mansuri Resident of village - Akhlashpur, Police Station - Bhabua, District - Kaimur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prem Ram Son of Jagedan Ram R/o- Bhekas, P.O.- Akhlaspur, P.S.- Bhabua, Dist.- Kaimur (Bhabua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-11-2025 Heard the parties.

2. Notice issued to O.P. No. 2/ informant was received by his wife, accordingly, same deemed served upon.

3. Despite of service none appeared on behalf of the informant/ O.P. No. 2.

4.The petitioner seeks bail in connection with Bhabua P.S. Case No. 35 of 2024 registered for the offence under Sections 366, 366A, 376 of the I.P.C. and Section 6 of POCSO Act and Section 3(2)(v) of SC/ST.

5. The petitioner is named in the F.I.R. and is in custody since 19.03.2025.

Patna High Court CR. MISC. No.46552 of 2025(3) dt.03-11-2025 2/3

6. The allegation against the petitioner is to kidnap the minor daughter of informant aged about 14 years for the purpose of illicit intercourse/ marriage with another person.

7. Learned counsel appearing on behalf of the petitioner submitted that the victim after her recovery while recording her statement under Section 183 of the BNSS categorically stated that she was in love with petitioner and left her parental home out of her own sweet will and went to Hyderabad with petitioner. She denied completely the allegation of kidnapping against petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

8. Learned APP while opposing the prayer of bail submitted that allegation of kidnapping and to commit penetrative sexual assault/ rape available specifically against this petitioner.

9. In view of aforesaid factual submission and by taking note of fact as victim prima-facie denied allegation of

Patna High Court CR. MISC. No.46552 of 2025(3) dt.03-11-2025 3/3 kidnapping and of committing penetrative sexual assault by this petitioner while recording her statement under Section 183 of BNSS, coupled with fact that investigation of this case is already completed where petitioner remains in custody since 19.03.2025, accordingly petitioner above named, is directed to be released on bail in connection with Bhabua P.S. Case No. 35 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned VIth Addl. District and Sessions Judge cum Special Judge, Kaimur at Bhabua /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T