Sahil Ansari Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Sahil Ansari Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Bail granted. Petitioner to be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Jhajha P.S. Case No. 151 of 2020, subject to: (I) one bailor being an own/close member of the family of the petitioner; and (II) appearance on each and every trial date, with liberty to the Trial Court to cancel the bail bonds in case of default of appearance on two consecutive dates.

Issue for consideration

Whether the petitioner, arrested in connection with Jhajha P.S. Case No. 151 of 2020 (POCSO Case No. 08 of 2022), instituted for the offence under Sections 376 IPC and Section 04 of POCSO Act, is entitled to be released on bail.

Court's answer

Considering the facts and circumstances of the case, the period of custody of the petitioner, and that the present case is one of misuse of the privilege of bail, this Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Court below, subject to the conditions that one bailor shall be an own/close family member of the petitioner and that the petitioner shall appear on every trial date, failing which on two consecutive dates the Trial Court has liberty to cancel the bail bonds.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J.), Criminal Miscellaneous No. 6503 of 2024, order dated 16-02-2024 — petitioner sought bail in POCSO Case No. 08 of 2022 arising out of Jhajha P.S. Case No. 151 of 2020, District Jamui, instituted for the offence under Sections 376 of the Indian Penal Code and Section 04 of POCSO Act; prosecution alleged that on 30.05.2020 the co-accused along with the petitioner took the informant to kabristan where the petitioner committed rape on her. As submitted by petitioner's counsel, the petitioner was in custody since 13.09.2023; his earlier anticipatory bail, granted by the Court below, had been cancelled on 15.05.2022 for non-appearance due to lack of knowledge, and Cr. Revision No. 438 of 2022 challenging the cancellation had become infructuous upon his arrest. One criminal antecedent was disclosed in the bail application. Considering the period of custody and that the present case was misuse of the privilege of bail, the Court directed release on bail after framing of charge, if not already framed, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member of the petitioner and that the petitioner appear on every trial date (default on two consecutive dates conferring liberty on the Trial Court to cancel the bail bonds). Petitioner's counsel stated that the marriage between the petitioner and the victim had already been solemnized; learned A.P.P. opposed the bail prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6503 of 2024

Arising Out of PS. Case No.-151 Year-2020 Thana- JHAJHA District- Jamui

======================================================

Sahil Ansari, aged about 24 years, male, S/O Jakir Ansari @ Zakir Ansari R/O Village- Ramdih, P.S- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 16-02-2024

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with POCSO Case No. 08 of 2022 arising out of Jhajha P.S. Case No. 151 of 2020 instituted for the offence under Sections 376 of the Indian Penal Code and Section 04 of POCSO Act.

3. As per prosecution case, on 30.05.2020 at about 08:00 P.M. when the informant went for defecating along with her mother and was coming back, the co-accused persons along with the petitioner got hold of her and took her to kabristan where the petitioner committed rape on her.

4. It has been submitted on behalf of the petitioner’s counsel that the petitioner is in custody since 13.09.2023.

Patna High Court CR. MISC. No.6503 of 2024(2) dt.16-02-2024 2/3

Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. The present case is misuse of privilege of bail. Earlier the petitioner was granted anticipatory bail by the learned Court below but due to lack of knowledge, the petitioner could not appear and his bail was cancelled on 15.05.2022. The petitioner challenged the same before this Court vide Cr. Revision No. 438 of 2022. During the pendency of revision application, the petitioner was arrested on 13.09.2023, and as such, the said revision application has become infructuous with respect to the petitioner. The present case is misuse of privilege of bail. The marriage between the petitioner and the victim has already got solemnized.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and the fact that the present case is misuse of privilege of bail, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail after framing of

Patna High Court CR. MISC. No.6503 of 2024(2) dt.16-02-2024 3/3

charge, if not already framed , on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jhajha P.S. Case No. 151 of 2020 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Nilmani/-

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