Patna High Court
Mumtaz Ansari @ Mumtaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Narcotic Substances Act — s. 137(2), 183, 96
- Protection of Children from Sexual Offences Act, 2012 — s. 8
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
2/4
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
Checking your session…