Patna High Court
Asgar Ansari @ Asgar AnsariversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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
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Judge-VI-cum-Special Judge (POCSO), Gopalganj.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
atul/-
U T
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