Mumtaz Alam @ MumtazversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41997 of 2026
                   Arising Out of PS. Case No.-271 Year-2025 Thana- KISHANGANJ District- Kishanganj
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                 Mumtaz Alam @ Mumtaz, Son of Gul Mohammad @ Petu, Resident of
                 Village-Panisal, P.S.- Kishanganj, District- Kishanganj.
                                                                          ... ... Petitioner
                                                     Versus
           1.     The State of Bihar
           2.    X, D/o Y, Resident of Village-Panisal, P.S.-Kishanganj, District-Kishanganj

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Ms. Rina Sinha, APP
                 For the Informant        :       Mr. Jainendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State duly

                   assisted by learned counsel appearing for the informant.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Kishanganj P.S.

                   Case No.271 of 2025 registered under Sections 341, 323,

                   379, 511, 504 and 506 read with 34 of the Indian Penal

                   Code as well as Section 8 and 12 of the Protection of

                   Children from Sexual Offences Act (in short ‘POCSO Act’).

                                3. Allegation against petitioner is to made an

                   attempt to commit theft along with co-accused person and

                   while committing so, he was protested by the minor
Patna High Court CR. MISC. No.41997 of 2026(2) dt.02-07-2026
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          daughter of the informant aged about 15 years, as a result

          of which, the cloth of the daughter of informant was torned

          during the occurrence.

                       4. It is submitted by learned counsel that for the

          occurrence dated 02.10.2023, the complaint was filed on

          20.10.2023 on the basis of which, the FIR was lodged on

          24.05.2025. It is submitted that the allegation as raised

          against this petitioner and other co-accused persons not

          appears convincing to the extent that the minor daughter of

          the informant was harassed or assaulted sexually, in want of

          sexual intent, for the reason that the occurrence was

          basically related with the theft of the cattle. The petitioner

          claimed clean antecedent.

                       5.    Learned APP duly assisted by learned counsel

          for the informant vehemently opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact, as the complaint/narration of the FIR

          prima facie fails to suggest that the minor daughter of

          informant was harassed/assaulted sexually with sexual

          intent, as the occurrence basically alleged to be committed
                Patna High Court CR. MISC. No.41997 of 2026(2) dt.02-07-2026
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                          for the theft of the cattle, accordingly, the petitioner, above-

                          named, who is a man of clean antecedent, in the event of his

                          arrest or surrender in the court below within a period of four

                          weeks from today, is directed to be released on bail on

                          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                          with two sureties of the like amount each to the satisfaction

                          of the learned Exclusive Special Judge (POCSO), Kishanganj

                          in connection with Kishanganj P.S. Case No.271 of 2025,

                          subject to the conditions as laid down under Section 438(2)

                          of the Code of Criminal Procedure (in short ‘CrPC’)/under

                          Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,

                          2023 (in short ‘BNSS’).


                                                               (Chandra Shekhar Jha, J.)
    Sanjeet/-

U        T