IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45804 of 2026 Arising Out of PS. Case No.-204 Year-2026 Thana- BABUBARHI District- Madhubani ====================================================== Mumtaz @ Md. Mumtaz @ Md. Mumtaz Miya @ Mumtaz Miya Son of Late Md. Abid Resident of Village - Basaha, Police Station - Babubarhi, District - Madhubani ... ... Petitioner/s Versus 1. The State of Bihar 2. Md. Maqbool Ansari @ Makbool Ansari Son of Late Sukhay Ansari Resident of Village - Pariharpur, Badha Kusmar, Khutauna, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 3 13-08-2026 Heard the learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 204 of 2026, registered for the offense under Section 140 of the B.N.S. 3. As per the prosecution case, the informant alleged that he and his son, Shabdulla, were working as masons at the house of Zubair of Village-Basaha. On 08.05.2026, after completing the day’s work, the informant returned home, while his son remained there. At about 10:00 p.m., the accused persons allegedly took Shabdulla to the house of Munni and confined him there. It is further alleged that the accused persons Patna High Court CR. MISC. No.45804 of 2026(3) dt.13-08-2026 2/4 demanded Rs.2,50,000/- from the informant for his release and, on his refusal, the accused persons assaulted Shabdulla and threatened to kill him. Thereafter, Maulana Karimuddin was allegedly called and Shabdulla was forcibly married to Munni. It is also alleged that Nasima, mother of Munni, played an active role in the alleged occurrence and that Munni was already married. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner has no role whatsoever in the alleged occurrence of kidnapping. Learned counsel further submits that earlier, a F.I.R. has been logged bearing Babubarhi P.S. Case No. 204 of 2026, against the son of the informant. He further submits that mother of Sabnam Khatoon @ Munni Kumari had seen the son of the informant making sexual intercourse with her daughter on a false pretext of marriage. Thereafter, both of them have admitted that they were in love affairs with each other and wanted to get married. It has been further submitted that the said case was filed by the father of the victim namely Md. Maqbul Ansari is counter blast to the said FIR only to save his son. Learned counsel for the petitioner next submits that the petitioner has Patna High Court CR. MISC. No.45804 of 2026(3) dt.13-08-2026 3/4 two criminal antecedent, however, he is on bail in both the cases. He lastly submits that petitioner is in judicial custody since 16.04.2026. 5. Per Contra, the learned APP for the State vehemently opposed the prayer for grant of regular bail and stated that it is a serious crime and there are two criminal antecedent against the petitioner, therefore, the petitioner does not deserves the privilege to be enlarge on regular bail. 6. Considering the aforesaid facts and circumstances of the case and also the fact that there is a case and counter case between the parties and it has also admitted that there is love affair between Sabnam Khatoon @ Munni Kumari and son of the informant, also the fact that there is no specific allegation against the petitioner as well as considering the period of custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, Madhubani in connection with Babubarhi P.S. Case No. 204 of 2026, subject to the following conditions: (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and Patna High Court CR. MISC. No.45804 of 2026(3) dt.13-08-2026 4/4 on his absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (ii) If the petitioner tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Aman/- (Girijish Kumar, J) U T