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Patna High Court

Mumtaj Alam @ Mantaj AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners were named in an FIR alleging kidnapping of a 17‑year‑old girl for illicit intercourse or marriage, with offences under IPC sections 366A, 504, 506 and 34 and POCSO Act sections 4 and 8. Petitioners 1 and 2 were named in the FIR, while 3 and 4 were not; they claim they were merely friends of the main accused, Seraj Ali, and only dropped the victim at a railway station. The State opposed their application for anticipatory bail, arguing possible involvement. The Court examined the thrust of the allegation, finding it primarily against Seraj Ali and noting the petitioners’ alleged peripheral role and clean antecedent. Consequently, the Court granted anticipatory bail to the petitioners, subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and conditions under Section 438(2) CrPC and Section 482(2) BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused of kidnapping and sexual assault under the IPC and POCSO Act
  • Whether the petitioners are prima facie implicated in the alleged offences
  • Whether the conditions imposed under Section 438 CrPC and Section 482 BNSS are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • POCSO
  • IPC 366A
  • sexual assault
  • bail conditions
  • Criminal Procedure Code
  • Bhartiya Nagarik Suraksha Sanhita
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66136 of 2025
                   Arising Out of PS. Case No.-204 Year-2023 Thana- BHITAHA District- West Champaran
                 ======================================================
           1.     Mumtaj Alam @ Mantaj Ansari S/O Naushad Ansari R/o Vill.- Rupahi Tand,
                  P.S.- Bhitaha, District- West Champaran
           2.    Kalamuddin Ansari S/O Habibullah Ansari R/o Vill.- Birti Badharwa, P.S.-
                 Bhiatah, District- West Champaran
           3.    Gulshan Kumar S/O Vipin Sah R/o Vill.- Virti Badharwa, P.S.- Bhitaha,
                 District- West Champaran
           4.    Pintu Kumar alias Pintu Kumar Gupta Shambhu kumar Muradih bazar ps
                 bhitaha district West Champaran
                                                                    ... ... Petitioners
                                                 Versus
           1.    The State of Bihar Patna
           2.     Mr. 'X' (imaginary name of the informant), S/o- Abdul Gaffar Resident of
                  village- Redaha PS- Bhitaha Dist- West Champaran
                                                                     ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :       Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   10-02-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The petitioner nos. 1 and 2 are named in the F.I.R.

                   and petitioner nos. 3 & 4 are not named in the F.I.R.,

                   apprehending their arrest in connection with Bhitaha P.S.

                   Case No. 204 of 2023 registered for the offences punishable

                   under Sections 366A, 504, 506/34 of the Indian Penal Code

                   and section 4 & 8 of the POCSO Act.

                             3. As per FIR, petitioners alongwith other co-accused
Patna High Court CR. MISC. No.66136 of 2025(5) dt.10-02-2026
                                            2/3




          persons found involved in kidnapping of minor daughter of the

          informant aged about 17 years for the purpose of illicit

          intercourse/marriage with another person.

                   4. Learned counsel appearing on behalf of the

          petitioners submitted that thrust of allegation is available

          against co-accused Seraj Ali with whom victim was in love and

          also stayed for a considerable period of time at Pune.

                   5. It is submitted that victim admittedly returned back

          with her uncle from Pune and, for long six days, she was with

          him before recording her statement under section 164 Cr.P.C.

          It is submitted that the petitioners were implicated with this

          case only being friend of main co-accused Seraj Ali and they

          only dropped them at railway station. Petitioners claimed

          clean antecedent.

                   6. Despite service of notice upon brother of O.P. No.

          2, none appears on behalf of the informant as to join the

          present pending proceeding.

                   7. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail of the petitioners.

                   8. In view of aforesaid factual submission and by
           Patna High Court CR. MISC. No.66136 of 2025(5) dt.10-02-2026
                                                       3/3




                     taking note of the fact as thrust of allegation qua committing

                     kidnapping and sexual assault is available against co-accused

                     Seraj Ali, coupled with the fact that these petitioners appear

                     implicated prima facie being friend of co-accused Seraj Ali,

                     who dropped them to nearby railway station, accordingly,

                     above-named           petitioners,        in    the   event   of   their

                     arrest/surrender within a period of four weeks from this

                     order, are directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of learned

                     Additional Sessions Judge-7th–cum–Special Judge, POCSO,

                     Bettiah, West Champaran/concerned court in connection with

                     Bhitaha P.S. Case No. 204 of 2023, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C/Section

                     482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short

                     “B.N.S.S.”).


                                                                    (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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