Patna High Court
Jamil AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions, finding that the victim’s lack of support and the circumstances justified release.
Summary
Jamil Ansari was arrested on 8 August 2025 in connection with a kidnapping case involving the minor daughter of an informant, alleged under Sections 137 and 96 of the Bihar Negotiable Sale Act and Section 8 of the POCSO Act. The petitioner contended that the FIR was fabricated and that the victim’s statement recorded under Section 183 of the BNSS, 2023 did not support the prosecution. The prosecution opposed bail, noting a second pending case against the petitioner. The court observed that the victim had not corroborated the charges and, after considering the circumstances, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to several conditions including cooperation with the trial and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the petitioner despite allegations under the BNS and POCSO Acts.
- Whether the victim’s non‑supportive statement under Section 183 of BNSS, 2023 warrants bail.
- Whether the existence of another pending case affects the bail decision.
Legislation cited
Subjects
- bail
- kidnapping
- child marriage
- POCSO Act
- victim statement
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79490 of 2025
Arising Out of PS. Case No.-408 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Jamil Ansari S/o- Faruk Ansari Resident of village- Tetari, Ps- Dhaka Dist-
East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anwar Ansari S/o- Late Ibrahim Ansari Resident of village- Tetari, Ps-
Dhaka Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-01-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner, learned counsel for the informant and Mr.Anant
Kumar 1, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
08.08.2025 in connection with Dhaka P.S. Case No. 408 of
2025, F.I.R. dated 22.07.2025 registered for the offence
punishable under Sections 137,96 of BNS and Section 8 of the
POCSO Act.
3. The prosecution case, in short, is that on
20.07.2025, accused persons including the petitioner are alleged
to have kidnapped the minor daughter (the victim) of the
informant for the purpose of her marriage.
Patna High Court CR. MISC. No.79490 of 2025(3) dt.29-01-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Further submits that for the same set of
allegation another case i.e. Dhaka P.S.Case No.181 of 2025 has
been instituted by the informant against the petitioner and the
victim was recovered and her statement was recorded under
Section 183 of BNSS, 2023 in which she has not supported the
case of the prosecution. The police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 08.08.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner carries one more case other than the present one, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and the victim has
not supported the case of the prosecution in her statement under
Section 183 of BNSS,2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned 6th District & Additional Sessions Judge-
Patna High Court CR. MISC. No.79490 of 2025(3) dt.29-01-2026
3/3
cum-Exclusive Special Judge, POCSO Act, East Champaran,
Motihari in connection with Dhaka P.S. Case No. 408 of 2025,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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