Patna High Court
Rustam Ali @ Rustam Ali SiddiqueversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- BNS — s. 3(5), 61(2), 65(1), 96, 98
- Immoral Trafficking Act — s. 2(a)(b), 3(2)(a), 3(2)(b), 4(1), 6, 7, 8
- Juvenile Justice Act — s. 75
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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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