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Patna High Court

Haidar AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

Haidar Ansari sought anticipatory bail fearing arrest in a case (Naubatpur P.S. Case No. 654 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including sexual offences. The prosecution alleged that he had a physical relationship with the victim under the pretext of marriage, while the petitioner contended the relationship was consensual, he had no criminal antecedent, and he would cooperate with the investigation. The State opposed the bail. The Court examined the nature of the allegations, the material on record, and the petitioner's claim of consent, and decided to grant anticipatory bail subject to conditions under Section 482(2) of the BNSS. The order directed the petitioner to furnish bail bonds and sureties if arrested within four weeks. The Court clarified that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
  • Whether the alleged consensual nature of the relationship negates the necessity of custodial detention.

Legislation cited

Subjects

  • anticipatory bail
  • sexual offences
  • consent
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38751 of 2026
                      Arising Out of PS. Case No.-654 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Haidar Ansari Son of Shakil Ansari Resident of Village- Aropur, P.S.-
                 Naubatpur, District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Jugnu Pravin Daughter of Late Sultan Ansari Resident of Village- Aropur,
                 P.S.- Naubatpur, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr Mantu Kumar
                 For the Opposite Party/s :       Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   18-06-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Naubatpur P.S. Case No. 654 of 2025 registered for offences

                   under Sections 126(2), 115(2), 303(2), 85, 79, 351(2), 352 and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of establishing physical relationship with the victim on

                   the pretext of marriage.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   It is submitted on behalf of the petitioner that the petitioner and
Patna High Court CR. MISC. No.38751 of 2026(2) dt.18-06-2026
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          the victim were acquainted with each other for a considerable

          period and were engaged in a voluntary and consensual

          relationship. It is contended that the materials collected during

          investigation indicate that the physical relationship between the

          parties was consensual and continued over a period of time. The

          petitioner has no criminal antecedent and undertakes to

          cooperate with the investigation.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. Having considered the rival submissions, the nature

          of allegations and the materials available on record, the prayer

          for anticipatory bail is allowed.

                       7. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

          the like amount each to the satisfaction of learned Court below

          where the case is pending/successor Court in connection with

          Naubatpur P.S. Case No. 654 of 2025 subject to the conditions

          as laid down under Section 482(2) of the BNSS.

                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
            Patna High Court CR. MISC. No.38751 of 2026(2) dt.18-06-2026
                                                        3/3




                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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