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Patna High Court

Raj @ Swad @ Toufik AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.

Summary

The petitioner, a 19‑year‑old student, was arrested in connection with an alleged offence under Sections 137(2) and 96 of the B.N.S., accused of luring the informant’s daughter with a view to marriage and taking her to another place. The prosecution’s case is based largely on suspicion; the victim was recovered from a third party’s house, not the petitioner’s, and her statement under Section 183 of the B.N.S.S. indicates she was travelling with a friend and returned after a phone call. The medical report shows no evidence of sexual violence and the prosecution has not produced any witnesses. The petitioner’s counsel argued that the matter is a consensual love affair and that there is insufficient material to justify continued detention. The court, noting the lack of concrete evidence and the absence of any allegation of sexual assault, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • What is the appropriate bail decision in a case where the alleged offence under Sections 137(2) and 96 of the B.N.S. is based mainly on suspicion and there is no medical or testimonial evidence of sexual assault?

Legislation cited

Subjects

  • bail
  • love affair
  • kidnapping
  • Section 137(2) B.N.S.
  • Section 96 B.N.S.
  • Section 183 B.N.S.S.
  • medical report
  • evidence
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70271 of 2025
                      Arising Out of PS. Case No.-50 Year-2025 Thana- PARSATHUA District- Rohtas
                 ======================================================
                 Raj @ Swad @ Toufik Ansari S/o Naimuddin Ansari Resident of village -
                 Sariyaban, PoliceStation- Kudra, District- Kaimur, Bhabua.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Munna Seth S/o Thakur Seth R/o vill - Parsathua ward no. 5, P.S. -
                 Parsathua, Distt.- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Shankar Sahay, Advocate
                                                 Mr.Rakesh Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr.Kalyan Shankar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   23-02-2026                        Despite valid service of notice, nobody appears on

                   behalf of the Opposite Party No.2.

                                 2.     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 3. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 137 (2) and 96 of B.N.S.

                                 4. As per the prosecution case, petitioner lured the

                   daughter of the informant with intention to marry and took her

                   to another place.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner was only a friend of the victim and both are residents

                   of the same locality and both are students. It appears that the
Patna High Court CR. MISC. No.70271 of 2025(5) dt.23-02-2026
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          present case arises out of a love affair and the petitioner has

          been made an accused only on the basis of suspicion. Victim

          was recovered from the house of one Anjali and not from the

          house of the petitioner. The statement of the victim girl under

          Section 183 of the B.N.S.S also indicates that victim was going

          along with Anjali to Hyderabad when after receiving a phone

          call that a case could be lodged they came back to Buxar and

          then to Kochas. She has also admitted that the petitioner used to

          stay in her locality on rent and she was in a love relationship

          with him. Medical report also does not indicate any sexual

          violence. The petitioner is a young boy aged about 19 years and

          he is in custody since 25.05.2025 and charges have already been

          framed in the case. However, the prosecution has not produced

          any witnesses till date.

                       6. Learned APP for the State opposed the bail petition.

                       7.    Taking      into     consideration   the   facts   and

          circumstances of the case and also considering the fact that there

          is a possibility of a love relationship between the petitioner and

          the victim, coupled with the fact that neither there is any

          allegation of any sexual assault nor the medical report indicates,

          as such , the above named petitioner is directed to be enlarged

          on bail on furnishing bail bond of Rs10,000/- (Rupees Ten
             Patna High Court CR. MISC. No.70271 of 2025(5) dt.23-02-2026
                                                         3/3




                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Court below where the case is

                       pending/successor Court in connection with Parsathua P.S. Case

                       No. 50 of 2025.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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