Mumtaz Alam @ Mumtaz Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Mumtaz Alam @ Mumtaz Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (POCSO), Kishanganj, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Kishanganj P.S. Case No.271 of 2025 (ss. 341, 323, 379, 511, 504, 506 r/w 34 IPC; ss. 8 and 12 POCSO Act), is entitled to be released on bail in the event of his arrest or surrender. +1 more

Court's answer

Accordingly, the petitioner, abovenamed, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (POCSO), Kishanganj, subject to the conditions laid down under Section 438(2) CrPC / Section 482(2) BNSS.

Ratio / Principle

Taking note of the factual submissions, the complaint/narration of the FIR prima facie fails to suggest that the minor daughter of the informant was harassed/assaulted sexually with sexual intent, the occurrence being basically alleged to have been committed for the theft of the cattle.

Detailed headnote1 paragraphs

Anticipatory bail - granted (Chandra Shekhar Jha, J.). FIR in Kishanganj P.S. Case No.271 of 2025 under ss. 341, 323, 379, 511, 504, 506 r/w 34 IPC and ss. 8 & 12 POCSO Act arose from an alleged attempt at theft of cattle in which the informant's minor daughter (aged about 15) protested and her cloth was torn. The Court held that the complaint/narration of the FIR prima facie fails to suggest that the minor daughter was harassed/assaulted sexually 'with sexual intent', the occurrence being basically for theft of cattle; the petitioner, a man of clean antecedent, was directed to be released on bail in the event of arrest or surrender within four weeks on furnishing bail bond of Rs.10,000/- with two like sureties to the satisfaction of the learned Exclusive Special Judge (POCSO), Kishanganj, subject to conditions u/s 438(2) CrPC / 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41997 of 2026

Arising Out of PS. Case No.-271 Year-2025 Thana- KISHANGANJ District- Kishanganj

======================================================

Mumtaz Alam @ Mumtaz, Son of Gul Mohammad @ Petu, Resident of Village-Panisal, P.S.- Kishanganj, District- Kishanganj.

... ... Petitioner

Versus

The State of Bihar

X, D/o Y, Resident of Village-Panisal, P.S.-Kishanganj, District-Kishanganj

... ... Opposite Parties

====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Ms. Rina Sinha, APP For the Informant : Mr. Jainendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

2 02-07-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for the informant.

The accused/petitioner is named in the FIR and

apprehending his arrest in connection with Kishanganj P.S. Case No.271 of 2025 registered under Sections 341, 323, 379, 511, 504 and 506 read with 34 of the Indian Penal Code as well as Section 8 and 12 of the Protection of

Children from Sexual Offences Act (in short ‘POCSO Act’).

Allegation against petitioner is to made an

attempt to commit theft along with co-accused person and

while committing so, he was protested by the minor

Patna High Court CR. MISC. No.41997 of 2026(2) dt.02-07-2026 2/3

daughter of the informant aged about 15 years, as a result of which, the cloth of the daughter of informant was torned during the occurrence.

It is submitted by learned counsel that for the occurrence dated 02.10.2023, the complaint was filed on 20.10.2023 on the basis of which, the FIR was lodged on 24.05.2025. It is submitted that the allegation as raised against this petitioner and other co-accused persons not appears convincing to the extent that the minor daughter of the informant was harassed or assaulted sexually, in want of sexual intent, for the reason that the occurrence was basically related with the theft of the cattle. The petitioner claimed clean antecedent.

Learned APP duly assisted by learned counsel

for the informant vehemently opposed the prayer of bail.

In view of aforesaid factual submissions and by taking note of fact, as the complaint/narration of the FIR prima facie fails to suggest that the minor daughter of informant was harassed/assaulted sexually with sexual intent, as the occurrence basically alleged to be committed

Patna High Court CR. MISC. No.41997 of 2026(2) dt.02-07-2026 3/3

for the theft of the cattle, accordingly, the petitioner, abovenamed, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO), Kishanganj in connection with Kishanganj P.S. Case No.271 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).

(Chandra Shekhar Jha, J.)

Sanjeet/-

U T