Patna High Court
Manjoor KhaliffaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of any incriminating material and given the victims’ statements, the petitioner is entitled to bail.
Summary
Manjoor Khaliffa was named in an FIR alleging that three minor girls – two his daughters and a maid – were forced into immoral traffic. The raid was conducted on a tip from an NGO, but the girls’ statements under Section 164 of the CrPC indicated they were apprehended without cause. No substantive incriminating material was presented against the petitioner. The petitioner sought bail, arguing lack of evidence and citing a similar anticipatory bail granted to Nafisa Khatoon. The court, noting the absence of victim statements implicating the petitioner and the confusion during the raid, ordered his release on bail subject to a bond and conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences under the IPC, Immoral Traffic Act, POCSO and Juvenile Justice Act despite the gravity of the charges.
- Whether the absence of incriminating statements from the minor victims under Section 164 CrPC warrants bail.
- Applicability of anticipatory bail principles and the court’s jurisdiction under Section 438 CrPC and Section 482 BNSS.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Indian Penal Code — s. 120B, 34, 363, 365, 366A, 370, 370A, 372, 373, 376
- Juvenile Justice (Care and Protection of Children) Act — s. 75
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- sexual offences
- child protection
- immoral traffic
- POCSO
- anticipatory bail
- evidentiary insufficiency
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53150 of 2024
Arising Out of PS. Case No.-844 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
Manjoor Khaliffa, Son of Late Shankar Khaliffa, R/o village - Boha Tola,
Ward No.- 9, P.S. and District - Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sitamarhi P.S.
Case No.844 of 2023 registered under Sections 365, 363,
366A, 370, 370A, 372, 373, 376, 120B read with 34 of the
Indian Penal Code, Sections 3, 4, 5, 6 of the Immoral Traffic
Act, Sections 4 and 6 of the Protection of Children from
Sexual Offences Act as well as Section 75 of the Juvenile
Justice (Care and Protection of Children) Act.
3. As per FIR, the police, upon secret information
supplied by one N.G.O., raided the house of petitioner, from
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where three minor girls were recovered with allegation that
they were forced to join immoral traffic/flesh trading.
4. It is submitted by learned counsel appearing for
petitioner that out of three minor girls, two are daughters of
petitioner and one is a maid. It is pointed out that on the
same very day, the raid was conducted in several houses and
out of confusion, the petitioner was also implicated with
present case, without having any cogent material. It is
submitted that the statement of alleged three minor girls were
recorded under Section 164 of the Code of Criminal
Procedure, where two of the victims categorically stated that
for nothing they were apprehended by police. It is also
pointed out that during raid, both of them have shown their
Aadhar card/I-card to the police but, merely on the basis of
suspicion, their parents were implicated with present case. It
is submitted that another minor girl was maid and while she
was returning to her home after completing her job, she was
also arrested with same suspicion. It is submitted that in view
of the fact as no allegation of sexual assault or to force
victims to join alleged flesh trade appears available against
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the petitioner, he deserves bail. In this context, it is also
submitted that with similar allegation, the mother of alleged
victim girls namely, Nafisa Khatoon was granted anticipatory
bail by this Court through Cr. Misc. No.45782 of 2024 dated
04.04.2025.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as two of the victim girls are the minor
daughter of petitioner, where another girl is maid, where
nothing alleged incriminating against the petitioner in terms of
statements of victim recorded under Section 164 of CrPC,
accordingly, the petitioner, above-named, 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 Additional Sessions Judge-VI-cum-Special Judge,
POCSO, Sitamarhi in connection with Sitamarhi P.S. Case
No.844 of 2023, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure (in short
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‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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