Patna High Court
Sufran Ansari @ Gufran AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated bond and sureties.
Summary
The petitioner, Sufran Ansari, was implicated in a FIR alleging dowry demands, sexual offences under the Protection of Children from Sexual Offences Act, and other crimes under the Bharatiya Nyaya Sanhita. The allegations stemmed from a proposed marriage between the petitioner and the informant's daughter, during which dowry of Rs. 3 lakh and a motorcycle were demanded, and a physical relationship was alleged. The petitioner contended that the dispute was amicably resolved, the marriage was solemnized, and he has a clean antecedent, seeking anticipatory bail to avoid arrest. The counsel for the opposite party did not dispute the petitioner's claim of settlement. The Court, considering the facts and the settlement, granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged dowry harassment and offences under the POCSO Act.
- Whether the settlement of the marriage dispute negates the basis for the criminal allegations.
- Whether the Court can invoke Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to impose conditions on anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 318(4), 3(5), 351(2), 352, 64
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- anticipatory bail
- dowry harassment
- POCSO
- marriage settlement
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89472 of 2025
Arising Out of PS. Case No.-664 Year-2024 Thana- SIKARPUR District- West Champaran
======================================================
Sufran Ansari @ Gufran Ansari S/O Late Narhoda Ansari @ Nurul Ansari
Resident at Village-BarwaBinwali, P.O-Mahuawa, P.S-Shikarpur, Dist-West
Chamapran
... ... Petitioner/s
Versus
1. The State of Bihar
2. ShaydaBegam W/o-ShahbudeenMiyan Address -BelwaTola, Ward no. 2,
Dhumnagar, Shikarpur, P.O.-Narkatiyaganj, P.S.-Shikarpur, Dist - West
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. R.N. Tiwari, Mr. Rakesh Kumar Jha, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
For the O.P. No.2 : Mr. Manaur Alam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 29-06-2026 Heard learned counsel for the petitioner, opposite
party no. 2 and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 64, 115(2), 318(4), 352,
351(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 4,8 of
the Protection of Children from Sexual Offences Act.
3. As per F.I.R., marriage of the daughter of informant
was fixed with this petitioner but he and other accused persons
demanded dowry of Rs. 3 lacs and a motorcycle. It is further
alleged that this petitioner also established physical relation with
the daughter of informant and later on, refused to marry.
Patna High Court CR. MISC. No.89472 of 2025(5) dt.29-06-2026
2/2
4. At the outset learned counsel for the petitioner
submits that dispute between the parties has amicably been
resolved and both petitioner and the daughter of informant have
solemnized marriage and are living together as husband and
wife. Petitioner claims clean antecedent.
5. Learned counsel for the opposite party no. 2 does
not dispute the contention made on behalf of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 Additional Sessions
Judge-cum-Special Judge, POCSO, West Champaran, Bettiah in
connection with Shikarpur P. S. Case No. 664 of 2024, subject
to condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
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