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Patna High Court

Julfiquar KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bond, sureties and the condition that his brother act as a bailor.

Summary

The petitioner, Julfiquar Khan, was implicated in a FIR alleging assault with an iron pipe, threats to kidnap and marry a 13‑year‑old girl, and other offences under the Bharatiya Nagarik Suraksha Sanhita (BNS) and the POCSO Act. He contended that he has a clean record, that the allegations stem from a personal dispute with the informant, and that he was falsely implicated. The petitioner sought anticipatory bail, arguing that surrendering to the police would not lead to absconding and would allow him to cooperate with the investigation. The State and the informant opposed the bail, citing the seriousness of the offences. After hearing both sides, the court granted anticipatory bail subject to a bond of Rs.25,000, two sureties of equal amount, and the condition that the petitioner’s brother act as one of the bailors. The order was made under Section 438(2) of the CrPC and Section 482(2) of the BNS, with the assurance that the petitioner’s family would ensure his good behaviour. The bail is to be presented before the Special Judge of the POCSO Court in Siwan within four weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the BNS given the alleged offences under BNS and the POCSO Act.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • threat
  • kidnapping
  • minor
  • POCSO
  • BNS
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17036 of 2026
                       Arising Out of PS. Case No.-436 Year-2025 Thana- BARHARIA District- Siwan
                 ======================================================
                 Julfiquar Khan Son of Akbar Khan R/O Village - Lauwan, P.S.- Barhariya,
                 District - Siwan.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XYZ W/O Y R/O Village - Lauwan, P.S.- Barhariya, District - Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Pandey, Advocate
                                                  Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha, APP
                 For the informant        :       Mr. Bijay Prakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   12-05-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner apprehends his arrest in a case registered for

                   the offence punishable under Sections 126(2), 115(2), 117 (2),

                   329(3), 354, 352, 351(2)/3/5 of BNS and Section 8 of POCSO Act.

                                 3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner along with Sajid Ali came to her house on

                   18.08.2025 at 11:30 A.M. and started abusing, on objection,

                   accused assaulted by an iron pipe fracturing her hand and also

                   assaulted her son and threatened that they will kidnap her minor

                   daughter aged about 13 year and will marry her, further accused
Patna High Court CR. MISC. No.17036 of 2026(3) dt.12-05-2026
                                            2/3




          person had earlier acted inappropriately with her minor daughter.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the present

          case, it is next submitted that from perusal of the allegation as

          alleged in the F.I.R., it would manifest that informant alleges that

          accused persons including the petitioner came to her house at 11.30

          A.M. and assaulted and threatening to kidnap the minor daughter

          aged about 13 years with an intention to marry and had earlier acted

          inappropriately with the daughter but no case came to be instituted,

          it is next submitted that petitioner and son of the informant are of

          the same age and are co-villagers and they are having dispute on

          account of which a pipe had ensued few days back for which an

          F.I.R. came to be instituted being Barhariya P.S. Case No.441 of

          2025, it is next submitted that date of occurrence was 18.08.2025

          and the F.I.R. came to be instituted on 22.08.2025, similarly the

          informant of the instant case also instituted the instant F.I.R. with

          respect to an offence alleged to be committed on 18.08.2025 and

          22.08.2025, it is also submitted that if privilege of anticipatory bail

          is granted to the petitioner, the petitioner will not abscond rather

          will cooperate in the investigation to prove his innocence, it is

          further submitted that petitioner is a young boy aged about 19 years

          and if he is sent to judicial custody, his entire carrier would
            Patna High Court CR. MISC. No.17036 of 2026(3) dt.12-05-2026
                                                        3/3




                      jeopardized and there is possibility he will be in contact of

                      criminals.

                                   5. Learned A.P.P. for the State and learned counsel

                      appearing on behalf of the informant oppose the prayer for

                      anticipatory bail of the petitioner.

                                   6. After hearing the learned counsel for the parties, let the

                      petitioner, as named above, in the event of his arrest or surrender

                      within four weeks from today, be enlarged on bail on furnishing bail

                      bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Special Judge, Exclusive Court of POCSO, Siwan, in connection

                      with Barhariya P.S. Case No. 436 of 2025,                   subject to the

                      conditions laid down under section 438(2) of the Code of Criminal

                      Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023 and subject to further condition that one of the bailor

                      of the petitioner should be the brother of the petitioner, namely,

                      Aftab Khan.

                                   7. It is made clear that parents and brother of the

                      petitioner will ensure good behaviour of the petitioner.




                                                                   (Satyavrat Verma, J)
sanjeev/-
U       T


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