Patna High Court
MD. ABBASH @ ABBASH KHALIFAversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court declined to grant anticipatory bail to the petitioner.
Summary
The petitioner, MD Abbash Khalifa, sought anticipatory bail after being implicated in a case alleging offences under Sections 140(4), 75 and 3(5) of the BNS, 2023, Sections 3, 4 and 5 of the Immoral Traffic Act, and Section 12 of the POCSO Act, 2012. The petitioner contended that the victim’s statement under Section 183 of the BNS did not name him, asserting that she was sold by another individual and that he was falsely implicated. The State opposed the bail, arguing that the FIR specifically alleged that the victim was sold to the petitioner and forced into prostitution, and that the investigation was ongoing. After considering the allegations in the FIR and the victim’s statement, the Court found no sufficient ground to grant anticipatory bail. Consequently, the Court rejected the petitioner’s anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations under the BNS, Immoral Traffic Act and POCSO Act.
- Whether the victim’s statement under Section 183 of the BNS sufficiently discharges the petitioner from a prima facie case.
Legislation cited
- BNS, 2023 — s. 140(4), 183, 3(5), 75
- Immoral Traffic Act — s. 3, 4, 5
- POCSO Act, 2012 — s. 12
Subjects
- anticipatory bail
- child sexual abuse
- prostitution
- POCSO Act
- Immoral Traffic Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40526 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
MD. ABBASH @ ABBASH KHALIFA Son of Late Banarshi Khalifa
Resident of village - Mirkalapur, Ward No. 16, Nadailghat, P.S.- Bakhri,
District - Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y R/v - Bhagwatia, P.S.- Keshriya, Dist.- East Champaran, At
Present Posted at Bakhari Police Station As A.S.I.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Shri Krishna Prasad Singh, Adv.
Shri Pushpendra Kumar Singh, Adv.
For the Opposite Party/s : Shri Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 1. Heard learned Senior Counsel for the petitioner,
Shri Krishna Prasad Singh and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 140(4), 75
and 3(5) of the BNS, 2023, Sections 3, 4 and 5 of the Immoral
Traffic Act as well as Section 12 of the POCSO Act, 2012.
3. Learned Senior Counsel for the petitioner submits
that petitioner has antecedent of one case and the informant
alleges that on 11.12.2025 at 10:20 AM, he got a secret
information that one girl fled from the house of petitioner and
has come to a Durga temple and is frightened, accordingly the
Patna High Court CR. MISC. No.40526 of 2026(2) dt.02-07-2026
2/3
informant reached the place of occurrence with force after
informing his senior and recovered the victim, who was a minor
aged about 13 years, who disclosed that her father died and her
mother begs at Sitamarhi railway station, where she met an
unknown accused who enticed and sold her to the petitioner,
further the named accused persons made her do household work
and forced her into prostitution, accordingly house of petitioner
was raided but accused had fled, further victim disclosed that
Golu used to act inappropriately with her.
4. The learned Senior Counsel for the petitioner
submits that petitioner has been falsely implicated in the instant
case by the informant, it is further submitted that from perusal
of the statement of the victim recorded under section 183 of the
BNSS, it would manifest that she has not named the petitioner
rather has stated that she was sold by Abdul Khalifa and was
forced into prostitution and there were several girls and Golu
used to act inappropriately with her.
5. Learned A.P.P. for the State vehemently opposes
the anticipatory bail application of the petitioner and submits
that from perusal of the allegations as alleged in the FIR, it
would manifest that it is specifically alleged that victim
disclosed that she met an unknown person at a railway station
Patna High Court CR. MISC. No.40526 of 2026(2) dt.02-07-2026
3/3
who sold her to the petitioner where she was made to do
household work and even was forced into prostitution. It is also
submitted that investigation in the case is still continuing.
6. After hearing the learned counsel for the parties
and after going through the allegations as alleged in the FIR, the
Court is not inclined to extend the privilege of anticipatory bail
to the petitioner.
7. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
rajesh/-
U T
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