Patna High Court
Majharul @ Md. MajharversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120B, 363, 366A
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
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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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