Patna High Court
Raj @ Swad @ Toufik AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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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