Niyaj Ansari @ Neyaj Ansari @ Neyaj Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49374 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Niyaj Ansari @ Neyaj Ansari @ Neyaj Ahmad, S/o Nezamuddin Ansari, R/o Vill- Sota Tola, Ward No. 13, P.S.- Nautan, Distt- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bhawani Devi, W/o Sri Omprakash Prasad, R/o Village-Nautan Vrita Tola, P.S.- Nautan, Distt- West Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Nautan P.S. Case No.203 of 2025 registered for the offences punishable under Sections 137(1), 65(1) and 96 of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as Sections 4 and 6 of the Protection of Children from Sexual Offences Act,2012 (in short 'POCSO Act').
3. The accused/petitioner is named in the FIR and is in custody since 07.05.2025.
4. Allegation against petitioner is to kidnap the
Patna High Court CR. MISC. No.49374 of 2025(5) dt.27-11-2025 2/3 minor daughter of informant aged about 14 years for the purpose of illicit intercourse/marriage.
5. It is submitted by learned counsel appearing for the petitioner that both victim as PW-1 and informant as PW2 turned hostile during trial and, therefore, keeping the petitioner behind bar for any further period would not serve any purpose of justice. It is submitted that even the medical report of victim is not supporting the occurrence as alleged. While concluding argument, it is submitted that petitioner claimed clean antecedent.
6. Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as prima facie victim and informant failed to support the occurrence, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 07.05.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.49374 of 2025(5) dt.27-11-2025 3/3 the learned District and Additional Sessions Judge-VI-cumSpecial Judge under POCSO Act, West Champaran at Bettiah in connection with Nautan P.S. Case No.203 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T