Md. Abbash @ Abbash Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40526 of 2026 Arising Out of PS. Case No.-453 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== MD. ABBASH @ ABBASH KHALIFA Son of Late Banarshi Khalifa Resident of village - Mirkalapur, Ward No. 16, Nadailghat, P.S.- Bakhri, District - Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Son of Y R/v - Bhagwatia, P.S.- Keshriya, Dist.- East Champaran, At Present Posted at Bakhari Police Station As A.S.I. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Shri Krishna Prasad Singh, Adv.

Shri Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Shri Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2026

1. Heard learned Senior Counsel for the petitioner, Shri Krishna Prasad Singh and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 140(4), 75 and 3(5) of the BNS, 2023, Sections 3, 4 and 5 of the Immoral Traffic Act as well as Section 12 of the POCSO Act, 2012.

3. Learned Senior Counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 11.12.2025 at 10:20 AM, he got a secret information that one girl fled from the house of petitioner and has come to a Durga temple and is frightened, accordingly the

Patna High Court CR. MISC. No.40526 of 2026(2) dt.02-07-2026 2/3 informant reached the place of occurrence with force after informing his senior and recovered the victim, who was a minor aged about 13 years, who disclosed that her father died and her mother begs at Sitamarhi railway station, where she met an unknown accused who enticed and sold her to the petitioner, further the named accused persons made her do household work and forced her into prostitution, accordingly house of petitioner was raided but accused had fled, further victim disclosed that Golu used to act inappropriately with her.

4. The learned Senior Counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is further submitted that from perusal of the statement of the victim recorded under section 183 of the BNSS, it would manifest that she has not named the petitioner rather has stated that she was sold by Abdul Khalifa and was forced into prostitution and there were several girls and Golu used to act inappropriately with her.

5. Learned A.P.P. for the State vehemently opposes the anticipatory bail application of the petitioner and submits that from perusal of the allegations as alleged in the FIR, it would manifest that it is specifically alleged that victim disclosed that she met an unknown person at a railway station

Patna High Court CR. MISC. No.40526 of 2026(2) dt.02-07-2026 3/3 who sold her to the petitioner where she was made to do household work and even was forced into prostitution. It is also submitted that investigation in the case is still continuing.

6. After hearing the learned counsel for the parties and after going through the allegations as alleged in the FIR, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) rajesh/- U T