Patna High Court
Aftab Ansari @ Aftaf AnsariversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail could not be granted and refused the petition.
Summary
Petitioner Aftab Ansari applied for bail after being in custody since 17 January 2026 in connection with a case alleging kidnapping and sexual assault of a minor. The prosecution alleged that the petitioner, along with others, forcibly abducted a 16‑year‑old girl and sexually assaulted her, citing the victim's statement and medical report. The petitioner contended he has a clean record and was falsely implicated, arguing that the FIR lacks specific allegations against him. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offences under the BNS and POCSO Acts. The court, after considering the facts, declined to grant bail, refusing the petition.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 137(2), 140(3), 3(5) of BNS and Sections 4 and 12 of the POCSO Act
- Whether the victim's statement and medical report justify denial of bail
Legislation cited
Subjects
- bail
- kidnapping
- sexual assault
- minor
- POCSO
- criminal procedure
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19297 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- SONO District- Jamui
======================================================
Aftab Ansari @ Aftaf Ansari Son of Musho Miyan Resident of village -
Mogal Chapri, P.S. Sono, District - Jamui
... ... Petitioner
Versus
1. The State of Bihar
2. Y Son of Ramdhani Pandit Resident of village - Mogal Chapri, P.S.- Sono,
District - Jamui
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Mr. Purushottam Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.01.2026 in connection with Sono P.S. Case No. 33 of 2025
for the offences punishable under Sections 137(2), 140(3) and
3(5) of BNS and Sections 4 and 12 of POCSO Act.
3. The case of the prosecution, in brief, is that O.P.
No.2 lodged written application addressed to the Officer
Incharge of Sono Police Station stating therein inter alia that his
daughter 'x' aged 16 years went out of the house on
5.2.2025 at around 4.00 A.M. when her neighbour Aftab Ansari
(petitioner), Aasir Miyan @ Chamru Miyan, Dablu Ansari,
Kitabul Ansari, Alam Ansari, Atiya Khatoon, wife of Nasir
Miyan, wife of Kitabul Ansari, wife of Alam, wife of Dablu
Ansari under a conspiracy forcibly kidnapped his daughter on
vehicle bearing registration no. BR46M9034 and the same was
Patna High Court CR. MISC. No.19297 of 2026(2) dt.10-04-2026
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done by Aftab Ansari. He tried to locate his daughter but failed.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the F.I.R. that
there is no specific allegation against the petitioner.
5. Learned APP for the State, on the other hand, on the
basis of the impugned order has vehemently opposed the prayer
for bail and submits that victim in her statement recorded under
Section 183 of BNSS has fully supported the case of the
prosecution. Apart from that the medical report of the victim
suggests that she has been sexually assaulted by the petitioner
and date of birth of victim is 08.01.2009 which suggests that on
the date of occurrence the victim was a minor.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Sono P.S. Case No. 33 of 2025 pending in the
court of learned Exclusive Special Judge (POCSO), Jamui.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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