Patna High Court
Mumtaj Alam @ Mantaj AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 366A, 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 8
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
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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
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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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