Created by Fuzzy Cloud

Patna High Court

Saud AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Saud Alam, a 19‑year‑old resident of Araria, applied for anticipatory bail after the police registered a case (Araria P.S. Case No. 391 of 2025) alleging offences under sections 96, 64(1), 115(2), 352, 3(5) of the BNS and sections 4 and 6 of the POCSO Act. The informant claimed that her minor daughter was taken away by the petitioner, but the victim’s own statement indicated she had voluntarily gone to her maternal grandmother’s house and was not abducted. The court noted that the petitioner had no criminal antecedent and that the victim had not made any allegation against him. Both counsel agreed that, in the absence of a complaint from the girl, relief could be granted. Accordingly, the court ordered anticipatory bail under Section 438(2) of the Cr.P.C. with a cash bond of Rs 10,000, two sureties, and several conditions including regular appearance before the trial court and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under the BNS and POCSO Acts and the victim’s statement.

Legislation cited

  • BNS — s. 115(2), 3(5), 352, 64(1), 96
  • POCSO Act — s. 4, 6

Subjects

  • anticipatory bail
  • POCSO Act
  • minor protection
  • Section 438 CrPC
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12928 of 2026
                        Arising Out of PS. Case No.-391 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Saud Alam S/o Md. Mukhtar R/o Village - Sandalpur, Ward No. 11, P.S -
                 Araria, District - Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX W/o YYY (Abul Kalam) R/o Village - Sandalpur, Ward No. 11, P.S -
                 Araria, District - Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Naushaduzzoha, Adv.
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   29-04-2026                    Heard Mr. Md. Naushaduzzoha, learned Counsel for

                   the petitioner and learned APP for the State as also Ms. Sabina

                   Talat for the informant.

                                2. The petitioner apprehends his arrest in connection

                   with Araria P.S. Case No. 391 of 2025 for the offence registered

                   under sections 96, 64(1), 115(2), 352, 3(5) of the BNS and

                   Section 4 & 6 of POCSO Act.

                                3. As per the prosecution story, the informant alleged

                   that her minor daughter went to the Madarsa but failed to return

                   and allegation was against this petitioner that he took her away.

                   A Panchayati was also held but as the accused failed to abide by

                   the resolution, the FIR.
Patna High Court CR. MISC. No.12928 of 2026(3) dt.29-04-2026
                                            2/3




                       4. Earlier, this Court gave direction for providing the

          case diary, the criminal antecedent report as also the Statement

          of the victim girl which have now been placed and as per the

          statement made by the girl, she went on her own to her maternal

          grandmother’s house after being scolded by the mother. The

          further statement is that no one abducted her.

                       5. Both the learned counsels for the petitioner as also

          the informant are also unanimous on the point that since the girl

          has not alleged anything, relief can be granted to the petitioner.

                       6. Taking into account the aforesaid facts as also that

          the petitioner do not have criminal antecedent and is only

          nineteen years of age, in that background, this Court is inclined

          to grant them the anticipatory bail with conditions.

                       7. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned D.A.J.-VI-cum-

          Special Judge (POCSO), Araria in connection with Araria P.S.

          Case No. 391 of 2025 subject to condition as laid down under

          Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family
           Patna High Court CR. MISC. No.12928 of 2026(3) dt.29-04-2026
                                                       3/3




                     members/relatives of the petitioner, who shall provide official

                     document (Aadhar Card, PAN Card, Driving License, Voter ID)

                     to show his bona fide;

                                  (ii) the petitioner shall appear on each and every date

                     before the Trial court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his bail

                     bond by the Trial court itself;

                                  (iii) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.