Patna High Court
Azad AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court confirmed the provisional bail previously granted to the petitioner.
Summary
Azad Ansari, an 18‑year‑old, was charged under Sections 64, 123 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act for allegedly exploiting a 19‑year‑old girl by promising marriage. The petitioner sought bail, arguing that the alleged victim was a major and that both parties were in a consensual relationship. The State opposed bail, relying on the FIR allegations. The Court considered the ages of the parties, the nature of their relationship, and the fact that provisional bail had already been granted on 03‑12‑2025. It confirmed the provisional bail, thereby disposing of the bail application.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged exploitation under the B.N.S. and POCSO statutes
Legislation cited
- B.N.S., 2023 — s. 123, 3(5), 64
- POCSO Act — s. 4, 6
Subjects
- bail
- sexual exploitation
- false promise of marriage
- B.N.S.
- POCSO
- minor
- provisional bail
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83694 of 2025
Arising Out of PS. Case No.-119 Year-2025 Thana- BHITAHA District- West Champaran
======================================================
Azad Ansari Son of Murtuza Ansari R/o Village - Gulhariya Pali Tola, P.S. -
Bhitaha, Dist. - West Champaran, Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Y R/o Village - Gulhariya Pali Tola, P.S. - Bhitaha, Dist. - Bihtaha,
Dist. - West Champaran, Bettiah.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Despite valid service of notice, none appears on
behalf of the opposite party no.2.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 64, 123 and 3(5) of the
B.N.S., 2023 and Sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, the informant has
alleged that the petitioner had been exploiting her for the past
three years on the false promise of marriage.
4. The learned counsel for the petitioner submits, at
the outset, that the victim/informant is a major girl of 19 years of
age as would be evident from her date of birth certificate from the
Madarsa Register, a mention of which finds in paragraph nos.7
and 8 of the petition. Further, she was in a love relationship with
the petitioner, who is also a young boy aged about 18 years and
the statement of the victim recorded under Section 183 of the
Patna High Court CR. MISC. No.83694 of 2025(3) dt.20-02-2026
2/2
B.N.S.S. also indicates that she was known to the petitioner for
the past three years and there were talks of marriage between
them and it was she who had administered medicine for making
her family sleep, whereafter some physical relationship was
established between them. Her main grievance is that the
marriage between them is not being materialized. The petitioner
is in custody since 17.09.2025 with clean antecedent, however,
provisional bail was granted to him by a Co-ordinate Bench of
this Court vide order dated 03.12.2025.
5. Learned APP for the State opposed the grant of
bail on the basis of allegation made in the First Information
Report.
6. Taking into consideration the facts and circumstances
and considering the age of both the petitioner and the
victim/informant and also considering the relationship between
them as per her own statement under Section 183 of the B.N.S.S,
the provisional bail granted to the petitioner vide order dated
03.12.2025 is hereby confirmed.
7. Accordingly, this application stands disposed of.
(Soni Shrivastava, J)
anand/-
U T
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