Samir Ansari vs The State of Bihar - 2026 Supreme(Online)(Pat) 3398

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2026 Supreme(Online)(Pat) 3398

PATNA HIGH COURT
PARTHA SARTHY, J
Samir Ansari – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.73316 of 2025

Important Points

The court grants bail based on lack of prior criminal history and reasonable doubt regarding allegations of coercion in a consensual relationship.

Subject

Criminal Law - Bail Application

Act Referred

Bhartiya Nyaya Sanhita: S.126(2), S.352, S.351(2), S.69

Headnote

This case analyzes the application for bail regarding Dandkhora P.S. Case no.71 of 2025, wherein the petitioner was accused of forcing physical relations against the informant's statements. The court found that the informant, being an adult, agreed to a love affair, and the petitioner had no prior criminal record. The court determined that he should be granted bail given his custody period of over six months and the absence of a new criminal record. The court ruled to enlarge the petitioner on bail.

Advocates:
For the Appellants/Petitioners: Mr. Sanjeev Kumar Singh
For the Respondents: Mr. Abhay Kumar, APP

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 21-01-2026 1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dandkhora P.S. Case no.71 of 2025 registered under sections 126(2), 352, 351(2)

and 69 of the Bhartiya Nyaya Sanhita , 2023.

3. As per the prosecution case, the informant states that the petitioner trapped her in a false love affair and on 5.7.2025 after calling her at his home, forcibly established physical relations with her. Hence the F.I.R.

4. Learned counsel for the petitioner submits that even from the contents of the F.I.R it would be evident that the informant who is an 18 year old major agrees to the parties having love affair between them. It is further submitted that the allegations of the petitioner forcibly establishing physical relations with her are false and concocted and it is for this reason that while the place of occurrence is 1.5 kms from the police station, the occurrence is said to have taken place on 5.7.2025 at 11-12 p.m, information was given at the police station on 6.7.2025 at 11:30 p.m. The petitioner has no criminal antecedent and is in custody since 7.7.2025.

Chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State, who submits that the victim has supported the allegation in her statement under section 183 of the B.N.S.S.

6. Having heard learned counsel for the parties and taking into consideration the contents of the FIR wherein the informant describes herself to be a major and of having love affair with the petitioner together with the submissions made on behalf of the petitioner as recorded herein above, the petitioner having remained in custody for more than 6 months since 7.7.2025, not having any criminal antecedent and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Dandkhora P.S. Case no.71 of 2025 on furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar.