Patna High Court
Ulfat Ansari @ Ulfat SiddiquiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the anticipatory bail application, granting bail with conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, members of the Siddiqui family, were implicated in a kidnapping case (PS Case No. 62 of 2025) under Sections 137 and 87 of the Bharatiya Nyaya Sanhita, 2023. They contended that the alleged victim, the informant's daughter, left voluntarily to elope with Niraj Siddiqui, who is the son of petitioners No.1 and 2, and that she was over 18 years of age, making the charge of kidnapping untenable. The State opposed anticipatory bail, arguing the seriousness of the offence. The High Court, after considering the submissions and the lack of prior criminal records, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed the petitioners to furnish bail bonds, maintain sureties, appear in court regularly, and cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of kidnapping under Sections 137 and 87 of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 137, 87
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- false implication
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 137
- Section 87
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65280 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- VIJAYEPUR District- Gopalganj
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1. Ulfat Ansari @ Ulfat Siddiqui, Son of Riyashat Siddiqui;
2. Zaitun Nesha, W/o Ulfat Siddiqui;
3. Mainuddin Siddiqui @ Mainuddin Ansari, Son Ulfat Siddiqui;
4. Sibi Khatun, W/o Meraj Siddiqui;
All are Resident of Village - Jagdispur P.S. - Vijaipur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Vardhan, Adv.
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 17-01-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Vijaypur Town P.S. Case No. 62 of 2025
registered for the offence(s) under Section(s) 137 and 87 of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that the named accused persons including the
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petitioners, all with common intention, had kidnapped his
daughter with an intention to sell her off. It is an admitted case
of the informant that his daughter was missing since 04.03.2025,
however an application in this regard was filed on 08.03.2025.
4. It has been submitted on behalf of the petitioners
that they have falsely been implicated in this case and, in fact,
the present case is not a case of kidnapping rather the daughter
of the informant has gone out of her own free will along with
the son of petitioner Nos. 1 and 2 as they are in love. It has
further been submitted that the informant has falsely stated the
age of the victim to be 16 years; rather from perusal of
Annexure-2, i.e., the 10th examination result of the daughter of
the informant, it would be evident that the girl was more than 18
years of age and she has gone along with co-accused/Niraj
Siddiqui and the petitioners have no concern whatsoever with
the same. It has lastly been submitted that the petitioners have
clean antecedents and they have been merely implicated in this
case because they happen to be the mother, father, brother and
the sister-in-law of the main accused/Niraj Siddiqui.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners and has submitted
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6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Vijaypur Town P.S. Case No. 62 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 read with corresponding Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
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of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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