Afjal Ansari @ Afjal @ Md. Afzal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58811 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Afjal Ansari @ Afjal @ Md. Afzal S/O Sarfaraj Ansari @ Md. Sartaj R/o Village- Sherpur, Shergardh P.S.- Muffasil, District- Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Shakila W/O Punnu Ansari R/O Vill.- Karimchak, Imali Muhalla, PS-Town, Dist.- Saran.

... ... Opposite Party/s ===================================================== Appearance :

For the Petitioner/s :

Mr. Aashish Kumar Mr.Avinash Kumar Pandey Ms. Apurva Mishra For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-01-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Chapra Muffasil P.S. Case No. 110 of 2025, registered for the offences punishable under Sections 137(2), 96 of the BNS and Sections 137(2), 96, 64 of the BNS and Sections 4/6 of the POCSO Act.

3. As per allegation, the petitioner and other accused persons kidnapped the minor daughter of the informant for the purpose of marriage.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim rendered her statement recorded under Section 183 of the BNSS under pressure from

Patna High Court CR. MISC. No.58811 of 2025(4) dt.05-01-2026 2/3 her parents. The petitioner is a person of clean antecedent and has been in custody since 27.02.2025.

5. A report regarding the stage of the trial was called for, which is available on the record. The report shows that the victim did not appear before the Court despite summons having been issued and that a letter was also issued to the S.P., Saran, to produce the witnesses before the Court. From perusal of the report, it appears that not a single witness has been examined during the trial.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Additional Sessions Judge (POCSO), Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 110 of 2025, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. The petitioner will appear on each and every date fixed by the court and if he fails to do so on two

Patna High Court CR. MISC. No.58811 of 2025(4) dt.05-01-2026 3/3 consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner. (Nawneet Kumar Pandey, J) Nirmal/- U T