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Patna High Court

Majharul @ Md. MajharversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the anticipatory bail application, holding that the gravity of the offences does not warrant the grant of anticipatory bail.

Summary

Majharul, the petitioner, applied for anticipatory bail after learning that he may be arrested in connection with a kidnapping and human trafficking case (P.S. Case No. 32 of 2000) filed under Sections 363, 366A and 120B of the Indian Penal Code. The prosecution alleges that he, along with others, kidnapped a girl and sold her for Rs. 14,000 to two individuals. The petitioner contended that he is innocent, has a clean record, and was falsely implicated. The State opposed the bail, arguing that the petitioner is involved in human trafficking and may tamper with evidence, emphasizing the seriousness of the offences. The Court, considering the gravity of the alleged crimes, dismissed the anticipatory bail application, ordered the petitioner to surrender within two weeks, and directed the police to recover the victim and file a compliance report.

Issues considered

  • Whether anticipatory bail should be granted in a case involving kidnapping, human trafficking and criminal conspiracy under Sections 363, 366A and 120B IPC.
  • Whether the seriousness of the alleged offences precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • human trafficking
  • criminal conspiracy
  • IPC
  • bail jurisprudence
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59000 of 2025
                         Arising Out of PS. Case No.-32 Year-2000 Thana- AMAUR District- Purnia
                 ======================================================
                 Majharul @ Md. Majhar S/o- Late Sk. Rafik Village- Laltoli Ps- Amour Dist-
                 Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kushal, Advocate
                 For the Opposite Party/s :        Mr.Jharkhandi Upadhyaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   20-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Amour P.S. Case No. 32 of 2000 instituted under Sections

                   363, 366A and 120B of the I.P.C.

                                3. As per the prosecution case, petitioner and others

                   are accused of kidnapping the victim and then selling her for

                   Rs. 14,000/- to Rampal Yadav and Sarvesh Yadav.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner has clean antecedent.

                                5. Learned APP for the State has opposed the prayer

                   for anticipatory bail of the petitioner on the ground that the

                   petitioner is involved in human trafficking and the petitioner is
              Patna High Court CR. MISC. No.59000 of 2025(5) dt.20-02-2026
                                                          2/2




                        also trying to tamper with the evidence of the case.

                                     6. Considering the gravity of offence, this is not a fit

                        case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within two

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Purnea will take all steps for arrest of

                        the petitioner.

                                     9. The Superintendent of Police, Purnea is directed to

                        see to it that the victim girl is recovered so that her statement is

                        recorded in the court below and file a compliance report within

                        eight weeks.

                                     10. Let a copy of this order be communicated to the

                        Superintendent of Police, Purnea through FAX or e-mail for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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