Patna High Court
Ali Asgar AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, on the material before it, the complaint appeared prima facie false and therefore granted anticipatory bail to the petitioner subject to bond and sureties.
Summary
Ali Asgar Ansari petitioned for anticipatory bail after being named in an FIR for alleged rape, criminal trespass and related offences under the Bhartiya Nyay Sanhita. He contended that the complaint was false, arising from a monetary dispute in which he had lent Rs 4.5 lakh to the informant who later refused repayment and threatened to frame him. The petitioner highlighted the informant’s history of filing similar false rape cases, the lack of corroborative medical evidence, and the absence of supporting testimony from nearby residents. The State argued that the victim’s statement under sections 180 and 183 of the B.N.S.S. substantiated the allegation. The Court, noting the prima facie lack of evidence and the context of a financial dispute, ordered that the petitioner be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether the allegations of rape constitute a prima facie case warranting denial of anticipatory bail
- Whether the monetary dispute and alleged pattern of false complaints affect the credibility of the complainant
- Whether the medical report and lack of corroborative testimony justify granting bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita — s. 180, 183, 329(3), 3(5), 351(3), 64
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false complaint
- rape allegation
- monetary dispute
- medical evidence
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41807 of 2026
Arising Out of PS. Case No.-147 Year-2026 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ali Asgar Ansari Son of Late Abdul Khalik Ansari @ Late Abdul Khudik
Ansari @ Late Abdul Khalif Ansari Resident of Mohalla - Neelkothi, Ward
No. 30, Dehri, Police Station - Dehri, District - Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Pd. Singh, Sr. Advocate
Mr.Rajeev Kumar, Advocate
Mr.Varun Krishna Singh, Advocate
Mr.Venkatesh Kaushik, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard Mr. Jitendra Prasad Singh, learned senior counsel
appearing for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Sasaram (Town) P.S.
Case No. 147 of 2026 registered for the offences punishable
under Sections 329(3), 64, 351(3), 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, petitioner alleged to commit rape upon
the informant in early morning on 28.02.2026 at about 3:00
A.M. after criminal trespass to her house alongwith other co-
accused persons.
4. Mr. Jitendra Prasad Singh, learned senior counsel
appearing on behalf of the petitioner submitted that the
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informant borrowed loan of Rs. 4,50,000/- from petitioner on
27.06.2023 through agreement duly signed between the parties,
which is Annexure P/2 of the present bail petition. The said
loan was given to the informant by petitioner out of her
necessity with promise to return the same within next three
months i.e. by 01.09.2023.
5. It is pointed out by Mr. Singh that when, after expiry
of agreed time period, a demand to return the aforesaid loan was
raised by this petitioner, the informant refused to return the loan
amount and threatened him to implicate falsely with criminal
case and apprehending so, the petitioner filed an informatory
petition before learned S.D.J.M., Dehri-On-Sone on 16.08.2023,
raising all his apprehension qua false implication by the
informant.
6. It is further argued that subsequently on 20.10.2023,
the informant lodged a Sasaram (Mahila) P.S. Case No. 45/2023
for the offence under section 376 of the I.P.C. against the
petitioner, which is Annexure P/3 of the present bail petition,
and considering all such aspects, learned trial court granted
anticipatory bail to the petitioner.
7. It is submitted that when petitioner was granted
anticipatory bail, in retaliation, another criminal case was
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lodged by the informant, which was registered as Sasaram
(Muffasil) P.S. Case No. 338/2024, where police, after
investigation, submitted closure report with finding that case,
upon investigation, was found false. Subsequently, the present
third case almost with similar allegation was raised against the
petitioner.
8. Arguing further, Mr. Singh submitted that the
informant is under habit to lodge the false rape cases against
other persons too and as per best of knowledge of the petitioner,
the informant lodged a case of rape against one Om Prakash
Chauhan and others for which Sasaram (M) P.S. Case No. 10 of
2019 was lodged. She also lodged Sasaram Mahila P.S. Case
No. 48 of 2021 with same allegation against one Manoj Kumar
Kushwaha and others. She also lodged Sasaram Town P.S. Case
No. 20 of 2022 against one Saurabh Kumar and others by
making her minor daughter instrumental.
9. While arguing further, it is submitted by Mr. Singh
that medical report of the informant/victim is also not
corroborated with the allegation, as alleged against the
petitioner. It is submitted that no mark of violence was noticed
upon the victim. It is submitted that occurrence took place in
early morning as alleged i.e. 3:00 A.M., but none of the nearby
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villagers supported the occurrence and in support of same,
learned senior counsel referred paragraph 10 & 11 of the case
diary.
10. Learned A.P.P. for the State duly assisted by learned
counsel appearing for the informant, while opposing the prayer
for anticipatory bail of the petitioner, submitted that
informant/victim supported the occurrence by recording her
statement under sections 180 and 183 of the B.N.S.S. during the
investigation, however, she could not disputed the aforesaid
factual submissions as advanced qua giving loan and also
previous false cases of similar nature registered by the
informant against petitioner.
11. In view of the aforesaid factual submissions and by
taking note of the fact as present third allegation of rape against
petitioner appears prima facie raised in the background of
monetary dispute (Annexure P/2), coupled with the fact that
nearby resident, during investigation, failed to support the
occurrence as alleged, where the medical report prima faice not
appears corroborative in nature, accordingly, above-named
petitioner, in the event of his arrest/surrender within a period of
four weeks from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only) with
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two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Sasaram/concerned court in
connection with Sasaram (Town) P.S. Case No. 147 of 2026,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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