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Patna High Court

Rustam Ali @ Rustam Ali SiddiqueversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Rustam Ali, sought anticipatory bail fearing arrest in a case alleging he ran a brothel and was involved in offences under multiple statutes, including the BNS, POCSO, Juvenile Justice, and Immoral Trafficking Acts. The prosecution alleged recovery of incriminating items and minor girls from the alleged brothel. The petitioner claimed innocence and that the recovered minors had not implicated him. The Court, considering the seriousness of the alleged offences involving minors, declined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender and seek regular bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the BNS, POCSO Act, Juvenile Justice Act and Immoral Trafficking Act.

Legislation cited

Subjects

  • anticipatory bail
  • brothel
  • child sexual abuse
  • POCSO Act
  • Juvenile Justice Act
  • Immoral Trafficking Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40941 of 2026
                   Arising Out of PS. Case No.-28 Year-2026 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Rustam Ali @ Rustam Ali Siddique S/o Md. Sadik Resident of - Bhartiya
                 Nagar, Ward No.26, P.S.- Sadar Saharsa, District - Saharsa

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Abhilasha Pathak, Block Development Officer, Kahra, District - Saharsa
                 Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Jha
                 For the Opposite Party/s :      Mr.Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                     Heard the parties.

                                2. The petitioner apprehends his arrest arrest in

                   connection with Saharsa Sadar P.S. Case No. 28 of 2026

                   registered for the offence under Sections 96, 98, 65(1), 61(2),

                   3(5) of the BNS, under Sections 4, 6 of the POCSO Act and

                   under Sections 75 of the JJ Act and further Sections 3(2)(a), 3(2)

                   (b), 4(1), 2(a)(b), 6, 7 and 8 of the Immoral Trafficking Act.

                                3. As per the prosecution case, the petitioner is

                   accused of running a brothel and the recovery is of many

                   incriminating articles including condoms etc. It is also alleged

                   that minor girls were also recovered.

                                4. Learned counsel for the petitioner submits that the
          Patna High Court CR. MISC. No.40941 of 2026(2) dt.08-07-2026
                                                      2/2




                    petitioner is innocent and has falsely been implicated in this

                    case. He also submits that the recovered minor girls have not

                    alleged anything against the petitioner.

                                 5. Considering the gravity of the offence, this Court is

                    not inclined to grant anticipatory bail to the petitioner.

                                 6. Accordingly, this application is dismissed.

                                 7. The petitioner is directed to surrender and pray for

                    regular bail.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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