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Patna High Court

Imran Ansari @ Ibran Ansari @ Ivran AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Imran Ansari, applied for anticipatory bail in a case registered under Section 69 of the B.N.S. and Sections 4 and 6 of the POCSO Act, alleging that the informant falsely accused him of a physical relationship and a broken promise of marriage. The petitioner argued that the informant, who is 20 years old, is not a child under the POCSO Act, that the relationship was consensual, and that the informant has since married another person, indicating a false implication. He also submitted a compromise petition filed in the trial court, which was taken on record. The State opposed the bail. After hearing both sides, the court directed that the petitioner be released on bail upon surrender, subject to a bail bond of Rs. 10,000 and two sureties, and conditioned under Section 482(2) of the B.N.S.S. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under Section 69 of the B.N.S. and Sections 4 and 6 of the POCSO Act
  • Whether the informant's age of 20 years excludes the matter from the purview of the POCSO Act
  • Whether the existence of a compromise petition influences the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • POCSO Act
  • false implication
  • compromise petition
  • Section 69
  • Section 4
  • Section 6
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37000 of 2026
                 Arising Out of PS. Case No.-1029 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Imran Ansari @ Ibran Ansari @ Ivran Ansari son of Nirhoda Ansari Resident
                 of Village- Bhantahava Pipra, Binwalia, Mahuawa, P.S. Shikarpur, District-
                 West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX Daughter of YYY Resident of Village- Bhantahava Pipra, ward no. 12,
                 P.S. Shikarpur, District- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alexander Ashok
                 For the Opposite Party/s :      Mr.Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-06-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 69 of the B.N.S. and Sections 4 and 6 of the POCSO

                   Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that petitioner was establishing physical

                   relation with her for the last one year on false promise of

                   marriage and when informant informed her mother and asked

                   the petitioner to marry, the petitioner refused to marry.
Patna High Court CR. MISC. No.37000 of 2026(2) dt.15-06-2026
                                            2/3




                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          informant herself discloses her age as 20 years as such it is not a

          case under the POCSO Act. It is further submitted that

          relationship in between the petitioner and the informant was

          consensual with no promise of marriage. It is also submitted that

          informant has solemnized her marriage with Naimullah Ansari

          as would manifest from marriage certificate dated 28.10.2024

          annexed as Annexure-P/2. It is also submitted that the petitioner

          and the informant have compromised the case and have filed a

          compromise petition before the learned Trial Court. It is

          submitted that inadvertently the compromise petition could not

          be brought on record but the same is being submitted in the

          Court, the same is taken on record.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. After hearing the learned counsel for the parties,

          the petitioner, above-named, in the event of his arrest or

          surrender before the learned Court below within a period of six

          weeks, is directed to be released on bail on his furnishing bail-
               Patna High Court CR. MISC. No.37000 of 2026(2) dt.15-06-2026
                                                           3/3




                         bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with

                         two sureties of the like amount each to the satisfaction of the

                         learned Trial Court where the case is pending/successor Court in

                         connection with Shikarpur P. S. Case No.1029 of 2025, subject

                         to the conditions laid down under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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