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Patna High Court

Kasim AnsasriversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted in view of the serious nature of the rape allegation involving a minor.

Summary

The petitioner, Kasim Ansari, aged about 60, applied for regular bail in a case registered under sections 65(2) of the B.N.S., 2023 and sections 4 and 6 of the POCSO Act, alleging that he raped an eight‑year‑old girl. He has been in custody since 1 May 2025. The petitioner’s counsel argued that his age made him incapable of committing the offence. The opposing party contended that two witnesses have already been examined and the victim’s statement under section 183 of the B.N.S.S., 2023 supports the prosecution. The court considered the seriousness of the allegation involving a minor and was not persuaded by the petitioner's arguments. Consequently, the bail application was rejected, with a direction that the petitioner may re‑apply if the prosecution does not cooperate in the trial.

Issues considered

  • Whether regular bail should be granted to an accused of rape of a minor under sections 4 and 6 of the POCSO Act and section 65(2) of the B.N.S., 2023.
  • Whether the nature of the allegation and the existing evidence preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • rape
  • minor
  • POCSO Act
  • criminal procedure
  • evidence
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.88366 of 2025
                     Arising Out of PS. Case No.-148 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Kasim Ansasri S/o- Late Ashim Ansari R/v- Pirpra Parsain, Tola Ram Nagar
                 Ps- Sonbarsa Dist- Sitamarhi
                                                                            ... ... Petitioner
                                                 Versus

           1.    The State of Bihar
           2.    Mariyam Khatun W/o- Israil Ali R/v- Pirpra Parsain, Tola Ram Nagar Ps-
                 Sonbarsa Dist- Sitamarhi

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner      :         Mr. Uday Kumar, Advocate
                 For the State           :         Mr. Anish Chandra, APP
                 For the Opp. Party NO.2 :         Mr. Madusudan Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   25-03-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party no.2.

                                   2.        This application for grant of regular bail

                   arises out of Sonbarsa P.S. Case No.148 of 2025 registered for

                   the offence punishable under sections 65(2) of the B.N.S., 2023.

                   and under sections 4 and 6 of the POCSO Act.

                                   3.        The petitioner is said to have committed rape

                   with a minor girl, who is aged about eight years.

                                   4.        The    petitioner      is    in     custody       since

                   01.05.2025.

                                   5.        Learned counsel for the petitioner submits

                   that the petitioner is innocent as he is aged about 60 years old
              Patna High Court CR. MISC. No.88366 of 2025(4) dt.25-03-2026
                                                          2/2




                        and is incapable of committing rape.

                                        6.      Learned counsel for the opposite party no.2

                        has vehemently opposed the prayer of the petitioner for grant of

                        bail and has submitted that in the trial two witnesses have

                        already been examined. He has also submitted that the victim

                        has supported the prosecution case in her statement recorded

                        under section 183 of the B.N.S.S., 2023.

                                        7.      Considering nature of allegation levelled

                        against the petitioner, I am not inclined to grant bail to the

                        petitioner. Accordingly, this bail application is rejected. If the

                        prosecution does not cooperate in the trial, the petitioner may

                        renew his prayer for bail.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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