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Patna High Court

Mumtaz Ansari @ Mumtaz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions.

Summary

Mumtaz Ansari sought anticipatory bail after an FIR was lodged under sections 137(2) and 96 of the Bihar Narcotic Substances Act and section 8 of the POCSO Act alleging kidnapping of a 16‑year‑old girl. The informant, the girl’s mother, claimed the girl was taken away and might be sent to a brothel. The victim’s statement, however, indicated she left home voluntarily with the petitioner and did not wish to return, and she made no adverse allegation against him. The petitioner’s counsel argued that he had no role in the girl’s departure and possessed no criminal antecedent. Considering the victim’s voluntary statement and lack of adverse evidence, the court granted anticipatory bail with strict conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite allegations under the POCSO Act and other sections.
  • Whether the victim’s voluntary statement negates the prosecution’s case against the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • POCSO Act
  • kidnapping
  • minor
  • voluntary escape
  • bail conditions
  • criminal antecedent
  • section 137
  • section 96
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74088 of 2025
                   Arising Out of PS. Case No.-180 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Mumtaz Ansari @ Mumtaz Alam S/O Aslam Ansari R/O Village- Bairiya
                 Tiwari Tola, P.S- Bairiya, Distt.- West Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Suganti Devi W/O Lalbabu Chaudhary R/O Village- Bairiya Tiwari Tola,
                 P.S- Bairiya, Distt.- West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raki Alam, Advocate
                                                  Mr. Sunil Kumar No. III, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 For the Informant        :       Mrs. Kumari Akanksha Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   20-02-2026                   Heard Mr. Sunil Kumar No. III, learned counsel for

                   the petitioner, Mrs. Kumari Akanksha Rai representing the

                   informant as also Mr. Bharat Bhushan, learned APP.

                                 2. The petitioner is apprehending his arrest in

                   connection with Bairiya P.S. Case No. 180 of 2025 for the

                   offence registered under sections 137(2) and 96 of the B.N.S.

                   and Section 8 of the POCSO Act lodged on 07.05.2025 by the

                   informant, Suganti Devi.

                                 3. As per the prosecution story, the mother alleged

                   that the victim girl had gone to the school and as she was

                   returning, the accused persons kidnapped her. Apprehending

                   that the girl may be sent to brothel, the FIR.
Patna High Court CR. MISC. No.74088 of 2025(4) dt.20-02-2026
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                       4. In this case, notices were issued to the opposite

          party no. 2 on 19.11.2025 and case diary, criminal antecedent

          report and the statement of the victim girl were called for. The

          same have been received and the girl in her statement under

          Section 183 of the BNSs has recorded that she is sixteen years

          of age, her mother always was violent towards her as she used

          to talk to this petitioner. In that background, she left the place

          and went to Punjab alongwith the petitioner. She further

          recorded that she do not want to go to her home.

                       5. Learned counsel for the petitioner submits that

          though both were in relationship, he had no role to play in the

          girl walking out of the house and only because she choose to

          live her life on her own, the family members lodged this FIR

          and he do not have any criminal antecedent.

                       6. Learned counsel for the informant on the other

          hand opposes the prayer submitting that the girl was not major

          on the date of occurrence.

                       7. Taking into account the submissions of the parties

          as also that the girl has not recorded anything adverse against

          the petitioner, she walked out of the house on her own, as

          recorded above, this petitioner has no criminal antecedent and

          nothing has been alleged against him, in that background, this
Patna High Court CR. MISC. No.74088 of 2025(4) dt.20-02-2026
                                            3/4




          Court is inclined to extend him the privilege of anticipatory bail

          with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned District and Additional Sessions Judge –

          VII cum Special Judge (POCSO) West Champaran, Bettiah in

          connection with Bairiya P.S. Case No. 180 of 2025 subject to

          the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhaar Card/Voter ID Card/Pan Card/Driving

          License) to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iv) the petitioner shall in no way try to induce or
          Patna High Court CR. MISC. No.74088 of 2025(4) dt.20-02-2026
                                                      4/4




                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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