CR. MISC./40300/2026 of Md. Hasan Ansari @ Md. Hasan Vs The State of Bihar on 17 August 2026

ORAL ORDER

17-08-2026 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel appearing on behalf of the informant/opposite party no. 2.

02. In the present case, the petitioner seeks bail in connection with Bounsi P.S. Case No.03 of 2026 registered for the alleged offences under Sections 126(2), 115(2), 69, 352, 3(5) of BNS and Section 4 of the POCSO Act.

03. As per prosecution case, the petitioner giving allurement of marriage to the minor informant established physical relationship with her. Later on, the petitioner refused to marry the informant. When a panchayati was called, the petitioner and his family members assaulted the informant and her family members and refused to solemnize marriage of the informant with the petitioner.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The allegation made in the FIR is false and concocted. The informant and her family members wanted the petitioner to marry the informant but the family members of the petitioner were not ready and for this reason, this case has been lodged. A panchayati was also held but the informant did not appear and petitioner also lodged a Sanha in the court of learned Chief Judicial Magistrate, Banka vide Sanha No. 2286 of 2025. Learned counsel further submits that when the informant side did not join the panchayati, the 'panchas' held that the petitioner was innocent. From the medical report it transpires no sign of sexual assault with the informant was observed. Learned counsel further submits that there is inordinate delay in lodging the FIR as for an occurrence dated 15.08.2025, the FIR has been instituted on 03.01.2026. The petitioner has got clean antecedent and he is in custody since 09.04.2026. Charge sheet has been submitted.

05. Learned APP as well as learned counsel appearing on behalf of the informant/opposite party no. 2 vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the victim-informant has supported the prosecution case in her statement recorded under Sections 180 and 183 of BNSS. Learned counsel also submits that the petitioner and his family members have been giving threat to the informant and her family members. Learned counsel further submits that the medical examination report shows the age of the informant to be 14 to 16 years and she was not in condition of understanding the bad intent of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the remote and doubtful nature of allegation and also considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-VI -cum- Special Judge, POCSO, Banka/concerned Court in connection with Bounsi P.S. Case No. 03 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

DKS/- (Arun Kumar Jha, J) U T