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Patna High Court

Asgar Ansari @ Asgar AnsariversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was refused as the allegations of rape of a minor were substantiated by the victim’s statement and the seriousness of the offence.

Summary

The petitioner, Asgar Ansari, was arrested on 2 January 2026 in connection with a FIR alleging the rape of a five‑year‑old girl, the minor daughter of the informant. He applied for bail before the Patna High Court, claiming a clean antecedent and that the allegations were false, citing a medical report that allegedly did not support the charge. The prosecution, represented by the Additional Public Prosecutor, opposed bail, emphasizing the specific allegation of rape under Section 6 of the POCSO Act and the victim’s statement recorded under Section 183 of the Bihar Narcotic Substances (B.N.S.) Act. The Court examined the seriousness of the offence, the victim’s corroborative statement, and the statutory provisions, and concluded that bail could not be granted. Consequently, the petition for bail was refused.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged rape of a minor under Section 6 of the POCSO Act and Section 65(2) of the B.N.S. Act.
  • Whether the medical report and claim of false implication are sufficient to merit bail.

Legislation cited

Subjects

  • bail
  • rape
  • child sexual abuse
  • POCSO Act
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26404 of 2026
                        Arising Out of PS. Case No.-3 Year-2026 Thana- BHORE District- Gopalganj
                 ======================================================
                 Asgar Ansari @ Asgar Ansari Son of Enul Miyan @ Enul Ansari R/o Village -
                 Karmasi, PS - Jatkauli O.P. @ Jagtauli O.P.(Bhorey), District - Gopalganj.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X Wife of Y R/o Village - Karmasi, PS - Jatkauli O.P.(Bhorey), District -
                 Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Lokesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                    Heard Mr. Lokesh Kumar Singh, learned counsel for

                   the petitioner and Mr. Umesh Lal Verma, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.01.2026 in connection with Bhore (Jatkauli O.P.) P.S. Case

                   No. 03/2026, F.I.R. dated 02.01.2026                       for the offences

                   punishable under Sections 65(2) of the B.N.S. and Section 6 of

                   the POCSO Act.

                               3. According to prosecution case, the petitioner is

                   alleged to have committed rape of the minor daughter of the

                   informant aged about 5 years old.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.26404 of 2026(2) dt.20-04-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It appears from the F.I.R. that the

          allegation against the petitioner is false and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          Learned counsel has submitted that the medical examination of

          the victim was conducted on 02.01.2026 on the next date of

          occurrence bu the medical report does not support the allegation

          as alleged in the FIR.

                        5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner by

          submitting that there is specific allegation against the petitioner

          of committing rape on the informant’s minor daughter aged

          about 5 years. It is further submitted that the victim in her

          statement recorded u/s 183 of the B.N.S.S. has supported the

          prosecution story.

                       6. Considering the fact that there is specific allegation

          against the petitioner of committing rape of informant’s minor

          who is aged about 5 years and the victim has supported the

          prosecution story in her statement recorded under section 183 of

          the B.N.S.S., I am not inclined to enlarge the petitioner on bail

          in connection with Bhore (Jatkauli O.P.) P.S. Case No. 03/2026

          pending in the court of learned District and Additional Sessions
             Patna High Court CR. MISC. No.26404 of 2026(2) dt.20-04-2026
                                                         3/3




                       Judge-VI-cum-Special Judge (POCSO), Gopalganj.

                                    7. Prayer is refused.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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