Patna High Court
Afroz MansooriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
The petitioner, Afroz Mansoori, applied for anticipatory bail fearing arrest in a case (PS Case No.321 of 2025) alleging offences under Sections 126(2), 74, 75(1), 76, 3(5) of the B.N.S. Act and Sections 8 and 12 of the P.O.C.S.O. Act, wherein he is accused of taking an informant's daughter to a secluded place and molesting her. The petitioner asserted his innocence, claimed a clean antecedent, and sought protection from arrest. The State opposed the bail, contending the seriousness of the allegations. The Court examined the material and, noting the gravity of the charges and the prosecution’s case, declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the applicable provisions of the Criminal Procedure Code in view of the alleged offences.
- Whether the nature and seriousness of the alleged offences justify denial of anticipatory bail despite the petitioner's claim of a clean antecedent.
Legislation cited
- B.N.S. — s. 126(2), 3(5), 74, 75(1), 76
- P.O.C.S.O. Act — s. 12, 8
Subjects
- anticipatory bail
- molestation
- criminal procedure
- bail denial
- B.N.S. Act
- P.O.C.S.O. Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88434 of 2025
Arising Out of PS. Case No.-321 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Afroz Mansoori S/o Shamsher Mansoori @ Mohammad Shamser @ Md.
Samser R/o Village - Bindwal Rasoolpur (Bindawal Bararam), P.S -
Hussainganj, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/o Om Prakash Sharma R/o Village - Rasoolpur, P.S - Hussainganj,
District - Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyendra Rai, Advocate
For the Opposite Party/s : Mr.Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Hussainganj P.S. Case No. 321 of 2025
registered for the offence under Sections 126(2), 74, 75(1), 76,
3(5) of B.N.S. and Sections 8/ 12 of P.O.C.S.O. Act.
3. As per the prosecution case, petitioner is
alleged to have taken the informant’s daughter to a suspicious
place and molested her.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has clean antecedent.
Patna High Court CR. MISC. No.88434 of 2025(2) dt.15-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, I am not
inclined to grant anticipatory bail to the petitioner.
7. This application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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