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Patna High Court

Md. Mustaque @ FuchcheversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Md. Mustaque, was implicated in a case of alleged abduction and attempted sale of a girl to a brothel under Sections 137(2), 96, 3(5) of the BNS and Sections 363, 366A/34 of the IPC. The victim’s statement recorded under Section 164 CrPC indicated a consensual relationship with the petitioner and that she was a major at the time, thereby not supporting the prosecution’s case. The petitioner asserted a clean antecedent and highlighted that co‑accused had already been granted anticipatory bail in a related matter. The Additional Public Prosecutor opposed bail, but the court considered the victim’s testimony, the petitioner’s clean record, and the precedent of anticipatory bail. Consequently, the court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 482(2) CrPC, including cooperation with the trial and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail under Section 482(2) of the CrPC given the nature of the offences alleged.
  • Whether the victim’s statement and the petitioner’s clean antecedent justify the grant of bail.
  • Whether the anticipatory bail granted to co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • abduction
  • IPC
  • CrPC
  • victim statement
  • clean antecedent
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4231 of 2026
                        Arising Out of PS. Case No.-223 Year-2024 Thana- JOGBANI District- Araria
                 ======================================================
                 Md. Mustaque @ Fuchche Son of Md. Mujjit @ Majid Resident Of Village
                 -Ahmadpur, Ward No 13, Police Station -Jogbani, District- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                  Heard Mr. Ramesh Kumar Singh, learned counsel for

                   the petitioner and Mr. Murli Dhar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Jogbani P.S. Case No. 223 of 2024, F.I.R. dated

                   07.11.2024 for the offences punishable under Sections 137 (2),

                   96, 3(5) of the BNS and Section 363, 366(A)/34 of the IPC.

                                3. According to prosecution case, it is alleged in the

                   FIR that a co-villager informed the informant that the FIR

                   named accused persons have abducted her daughter with intent

                   to sell her in brothel.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.4231 of 2026(2) dt.06-02-2026
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          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. He further submits that the

          coordinate Bench of this Court while the hearing the case of the

          co-accused persons who happens to be the family members of

          the petitioner which was recorded in paragraph 4 is as follows:

                                  “4. Vide order dated 21.03.2025, case
                        diary along with statement of the victim recorded
                        under Section 164 Cr.P.C. was called for. The same
                        has been produced. I have perused the statement of
                        the victim, from which it appears that victim has
                        admitted that she was in love relationship with one
                        Md. Mustaque, who is son of petitioners no.1 and 2.
                        She has also admitted that she has willingly gone
                        along with co-accused Md. Mustaque. Petitioners
                        no.3 and 4 are own brothers of Md. Mustaque and
                        sons of petitioner nos.1 and 2.”


                         5. It appears from the aforesaid that the victim has

          not supported the case of the prosecution and she admitted that

          she was in love with the petitioner and she is in relationship

          with the petitioner. Learned counsel for the petitioner also refers

          to Annexure 2 which suggests that the date of birth of the victim

          is 28.03.1999 and at the time of occurrence the victim was a

          major. He further submits that the co-accused persons, namely,

          Md. Mujjit @ Majid @ Md. Majjit & Others have already been

          granted anticipatory bail by a coordinate Bench of this Court in

          Cr. Misc. No. 9966 of 2025 vide order dated 12.05.2025.
Patna High Court CR. MISC. No.4231 of 2026(2) dt.06-02-2026
                                            3/4




                         6. Learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                         7. Considering the aforesaid facts and circumstances

          and that the petitioner has clean antecedent, victim has not

          supported the prosecution case and the co-accused persons have

          granted anticipatory bail by a coordinate Bench of this Court, let

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

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

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

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

          C.J.M., Araria in connection with Jogbani P.S. Case No. 223 of

          2024, subject to the conditions as laid down under Section

          482(2) of the Code of Criminal Procedure and with other

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
            Patna High Court CR. MISC. No.4231 of 2026(2) dt.06-02-2026
                                                        4/4




                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
khushbu/-

U      T


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