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2026 DAILYLAW 8763 (PAT)

Ziyaul Ansari @ Jayaullah Ansari v. The State of Bihar

CR. MISC./19622/2026 · 2026-04-07

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19622 of 2026 Arising Out of PS. Case No.-151 Year-2025 Thana- BELA District- Sitamarhi ====================================================== Ziyaul Ansari @ Jayaullah Ansari S/O Abdul Gani Mohammad Resident Of Village- Khurshaha, Ward No.- 11, P.s.- Bela, Dist.- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar , Advocate For the State : Mr. Rajendra Singh Shastri, APP For the Informant : Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 07-04-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 69, 126(2), 115(2), 352, 351(2) and 3(5) of the B.N.S.. 3. The prosecution case, in brief, is that this petitioner used to talk to the informant on mobile phone and on the promise of marriage, he forcibly established physical relations with her and said her not to disclose the ordeal to anyone. This petitioner continued to establish physical relations with the informant on the pretext of marriage for a period of one year Patna High Court CR. MISC. No.19622 of 2026(2) dt.07-04-2026 2/4 and also made videos of the incident. Thereafter, when the informant pressurized this petitioner to solemnize marriage, he started demanding Rs. 5,00,000/- as dowry and also threatened to make her obscene videos viral on social media and subsequently, refused to solemnize marriage. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. The entire prosecution case, as set out in the F.I.R., is out and out false, fabricated and concocted. As a matter of fact, from bare perusal of the F.I.R. it is apparent that both parties knew each other since long and with the passage of time, relationship developed. At the time when the relationship developed, both of them were major and were fully aware of the consequences of such a relationship. The relationship was consensual between two consenting adults and both of them enjoyed each others company for one year. It is further submitted that only because the relationship could not continue and failed, the same does not amount to rape. Rest of the allegations are ornamental in order to make the case grave. Petitioner claims clean antecedents. Patna High Court CR. MISC. No.19622 of 2026(2) dt.07-04-2026 3/4 5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that on the false pretext of marriage, this petitioner established physical relations with the informant and later on, refused to solemnize marriage. 6. Considering the rival submissions advanced on behalf of learned counsel for the parties and the fact that from bare perusal of the prosecution case it is apparent that at the time when the relationship developed between the parties, both of them were major and enjoyed each others’ company for one year, the same cannot be said to be inducted or involuntary and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 S.D.J.M. Sadar, Sitamarhi in connection with Bela P.S. Case No. 151 of 2025, subject to Patna High Court CR. MISC. No.19622 of 2026(2) dt.07-04-2026 4/4 condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T