Patna High Court

Samir AnsariversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Samir Ansari, was charged under sections 126(2), 352, 351(2) and 69 of the Bhartiya Nyaya Sanhita for allegedly forcing a sexual relationship with an 18‑year‑old woman. He applied for regular bail, contending that the relationship was consensual, that the FIR was contradictory, and that he had no prior criminal record. The State opposed the bail, relying on the victim’s statement under section 183 of the B.N.S. affirming the allegations. The Court noted that the FIR itself described the victim as a major who had a love affair with the petitioner, that the petitioner had been in custody for more than six months, and that a chargesheet had already been filed. Considering the lack of antecedents and the prolonged pre‑trial detention, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted in a case involving alleged rape and related offences under the Bhartiya Nyaya Sanhita.
Whether the victim’s statement under section 183 of the B.N.S. precludes the grant of bail.
Whether the petitioner’s six‑month pre‑trial detention and lack of criminal antecedents justify bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 126(2), 183, 351(2), 352, 69

Subjects

bail
rape
sexual assault
pre‑trial detention
Bhartiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73316 of 2025
                     Arising Out of PS. Case No.-71 Year-2025 Thana- DANDKHORA District- Katihar
                 ======================================================
                 Samir Ansari S/o Tiru Ansari R/o- Muslim Tola, Dandkhora, P.S.- Dandkhora,
                 District- Katihar

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar                                        ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Dandkhora P.S. Case

                   no.71 of 2025 registered under sections 126(2), 352, 351(2)

                   and 69 of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that the petitioner trapped her in a false love affair and on

                   5.7.2025 after calling her at his home, forcibly established

                   physical relations with her. Hence the F.I.R.

                                4. Learned counsel for the petitioner submits that

                   even from the contents of the F.I.R it would be evident that the

                   informant who is an 18 year old major agrees to the parties

                   having love affair between them. It is further submitted that the
Patna High Court CR. MISC. No.73316 of 2025(3) dt.21-01-2026
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          allegations of the petitioner forcibly establishing physical

          relations with her are false and concocted and it is for this

          reason that while the place of occurrence is 1.5 kms from the

          police station, the occurrence is said to have taken place on

          5.7.2025 at 11-12 p.m, information was given at the police

          station on 6.7.2025 at 11:30 p.m. The petitioner has no

          criminal antecedent and is in custody since 7.7.2025.

          Chargesheet has been submitted in the case.

                       5. The application for bail is opposed by learned

          A.P.P for the State, who submits that the victim has supported

          the allegation in her statement under section 183 of the

          B.N.S.S.

                       6. Having heard learned counsel for the parties and

          taking into consideration the contents of the FIR wherein the

          informant describes herself to be a major and of having love

          affair with the petitioner together with the submissions made

          on behalf of the petitioner as recorded herein above, the

          petitioner having remained in custody for more than 6 months

          since 7.7.2025, not having any criminal antecedent and

          chargesheet having been submitted in the case, the petitioner is

          directed to be enlarged on bail in connection with Dandkhora

          P.S. Case no.71 of 2025 on furnishing bail bond of Rs.10,000/-
           Patna High Court CR. MISC. No.73316 of 2025(3) dt.21-01-2026
                                                       3/3




                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Chief Judicial

                     Magistrate, Katihar.


                                                 (Partha Sarthy, J)
Shiv/-
U      T

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