Patna High Court
Md. Sadab @ Md. Sadav @ Sadab AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Md. Sadab Ansari, was charged in Rafiganj police case No. 363 of 2024 for alleged molestation of the informant's minor daughter under several sections of the B.N.S. 2023 and Sections 8 and 12 of the POCSO Act. The police investigation concluded with a final report, but the magistrate proceeded to take cognizance and the petitioner was kept in custody from 6 January 2026. The petitioner applied for bail, arguing the lack of antecedent criminal history and the police’s final report. The State and the informant opposed bail, emphasizing the seriousness of the alleged offences against a minor. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, directing compliance with the lower court in Aurangabad.
Issues considered
- Whether bail should be granted to an accused charged with offences under the B.N.S. 2023 and the POCSO Act for alleged molestation of a minor.
- Whether the police’s final report and the absence of prior criminal record justify bail despite the seriousness of the charges.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 303(2), 331(4), 74/75/3(5)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- molestation
- minor
- POCSO Act
- criminal procedure
- bond
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13710 of 2026
Arising Out of PS. Case No.-363 Year-2024 Thana- RAFIGANJ District- Aurangabad
======================================================
Md. Sadab @ Md. Sadav @ Sadab Ansari Son of Late Manjoor @ Manjur @
Manjoor Alam Resident Of Village - Phida Bigha, haizipur Gola, Ps-
Rafiganj, Dist- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hasina Khatoon Wife of Md. Raju Resident Of Village -Phida Bigha, Ps-
Rafiganj, Dist- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Pandey
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
For the informant : Basheer Faizi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Rafiganj P.S. Case No.
363 of 2024 registered for the offence punishable under
Sections-331(4), 303(2), 126(2), 115(2), 74/75/3(5) of B.N.S.
2023 and Sections-8 & 12 of the POCSO Act.
3. It is alleged that the petitioner along with other
persons molested the minor daughter of the informant.
4. It has been submitted on behalf of the petitioner
that though there is allegation against the petitioner of molesting
the minor daughter of the informant but the police after
investigation, submitted final report and the learned Magistrate
Patna High Court CR. MISC. No.13710 of 2026(3) dt.01-04-2026
2/2
differing with the final report, took cognizance against the
petitioner.
5. Learned APP and the counsel for the informant
have opposed the prayer for bail. Learned counsel for the
informant has submitted that the petitioner and other persons
molested the minor daughter of the informant.
6. Considering the fact that the police after
investigation submitted final report and the petitioner is in
custody since 06-01-2026 with no antecedent let the petitioner
named above, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Court below/concerned Court,
Aurangabad in connection with Rafiganj P.S. Case No. 363 of
2024.
(Ansul, J)
A.K.V.//-
U T
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