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Patna High Court

Manjoor KhaliffaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.53150 of 2024(4) dt.02-02-2026
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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
Patna High Court CR. MISC. No.53150 of 2024(4) dt.02-02-2026
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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
            Patna High Court CR. MISC. No.53150 of 2024(4) dt.02-02-2026
                                                        4/4




                      ‘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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