Patna High Court
MUSLIM ANSARI @ MUSLIM MIYAN @ MUSLIM MIYAANversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The High Court partially allowed the anticipatory bail application, granting bail to petitioners 2, 3, 7 and 8 while rejecting it for petitioners 4, 5 and 6.
Summary
The petitioners filed an anticipatory bail application in connection with a kidnapping case (Majhaulia P.S. Case No. 86 of 2023) involving offences under Sections 363, 366(A), 506, 34 of the IPC and Sections 8 and 12 of the POCSO Act. The court heard arguments from the petitioners' counsel, the State's counsel, and the informant. It rejected anticipatory bail for petitioners No.4 (Rabdi Khatoon), No.5 (Jalaluddin Ansari) and No.6 (Afroz Ansari), directing them to surrender within two weeks and seek regular bail, while granting anticipatory bail to petitioners No.2, No.3, No.7 and No.8 on the condition of furnishing bail bonds of Rs.10,000 each with sureties. The order was made subject to the inherent powers of the High Court under Section 482(2) and clarified that it does not prejudice subsequent proceedings. The application was therefore partly allowed.
Issues considered
- Whether anticipatory bail should be granted to the accused under the specified IPC and POCSO provisions.
- Whether the petitioners, being patidars, merit relief from arrest.
- Whether the court should direct surrender and regular bail for certain petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 363, 366A, 506
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- kidnapping
- IPC
- POCSO Act
- High Court
- bail conditions
- patidar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62058 of 2023
Arising Out of PS. Case No.-86 Year-2023 Thana- MAJHAULIA District- West Champaran
======================================================
1. Muslim Ansari @ Muslim Miyan @ Muslim Miyaan S/O Late Mistar
Miyaan R/O Village- Semra Brit, P.S- Majhaulia, Distt.- West Champaran.
2. Tuna Ansari @ Tun Ansari S/O Late Abdul Haq Miyan R/O Village- Semra
Brit, P.S- Majhaulia, Distt.- West Champaran.
3. Mojammil Ansari @ Mojmil Ansari S/O Abdullaha Miyan R/O Village-
Semra Brit, P.S- Majhaulia, Distt.- West Champaran.
4. Rabdi Khatoon W/O Muslim Ansari @ Muslim Miyan @ Muslim Miyaan
R/O Village- Semra Brit, P.S- Majhaulia, Distt.- West Champaran.
5. Jalaluddin Ansari @ Mohammad Jalaluddin Ansari S/O Muslim Ansari @
Muslim Miyan @ Muslim Miyaan @Jalaluddin R/O Village- Semra Brit,
P.S- Majhaulia, Distt.- West Champaran.
6. Afroz Ansari @ Afroz S/O Muslim Ansari @ Muslim Miyan @ Muslim
Miyaan R/O Village- Semra Brit, P.S- Majhaulia, Distt.- West Champaran.
7. Ghuni Khatoon @ Marium Khatoon @ Mariyam Khatun W/O Serajul
Ansari R/O Village- Semra Brit, P.S- Majhaulia, Distt.- West Champaran.
8. Serajul Ansari S/O Mir Hasan Ansari R/O Village- Pipra Pakadi Tola
Gadiyani, P.S- Bettiah Mufassil, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta
For the Opposite Party/s : Mr. Dr. Indiwar Kumari
For the informant : Mr. Brajesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 By order dated 17.10.2023, the application filed on
behalf of the petitioner no. 1, Muslim Ansari @ Muslim Miyan
@ Muslim Miyaan was dismissed as withdrawn because the
petitioner no. 1 had passed away.
2. Heard the learned counsel for the petitioner, the
Patna High Court CR. MISC. No.62058 of 2023(6) dt.20-02-2026
2/4
learned APP for the State, and the learned counsel for the
informant. I.O. of the case has appeared and has assisted this
Court.
3. The petitioners apprehend arrest in connection with
Majhaulia P.S. Case No. 86 of 2023 registered for offences
under Sections 363, 366(A), 506 and 34 of the Indian Penal
Code and Section 8 and 12 of the POCSO Act.
4. As per the prosecution case, the petitioners are
accused of kidnapping the victim. The main allegation of
kidnapping the victim girl is against petitioner Nos. 4, Rabdi
Khatoon, petitioner No. 5, Jalauddin Ansari @ Mohammad
Jalaluddin Ansari @ Jalaluddin, and petitioner No. 6, Afroz
Ansari @ Afroz.
5. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that petitioner Nos. 4, 5 and 6 are
the mother and brothers of the FIR name accused no. 1,
Aamruddin Ansari, and the rest of the petitioners, except
Petitioner No. 1, are patidars.
5. Learned APP for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. Considering the allegations levelled against the
Patna High Court CR. MISC. No.62058 of 2023(6) dt.20-02-2026
3/4
petitioner nos. 4, 5 and 6, their prayer for anticipatory bail is
hereby rejected. They are directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, West
Champaran, Bettiah will take all steps for the arrest of the
petitioners.
7. As far as the petitioner nos. 2, 3, 7 and 8 are
concerned, considering the fact that they are the patidars, their
prayer for anticipatory bail is allowed.
8. Accordingly, let the petitioner nos. 2, 3, 7 and 8,
above-named, in the event of their arrest or surrender within
four weeks from today in the Court below, be released on bail
on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned concerned Court below, West Champaran, Bettiah in
connection with Majhaulia P.S. Case No. 86 of 2023 subject to
the conditions as laid down under Section 482(2) of the BNSS.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
8. In view of the above, this application is partly
Patna High Court CR. MISC. No.62058 of 2023(6) dt.20-02-2026
4/4
allowed.
9. Let a copy of this order be communicated to the
Superintendent of Police, West Champaran, Bettiah through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…