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Patna High Court

Naima KhatunversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding insufficient direct evidence to justify denial of bail.

Summary

Naima Khatun applied for anticipatory bail in connection with a kidnapping case (PS Case No. 65 of 2025) where she was alleged to have aided in the abduction of a minor girl, Shikha Kumari. The prosecution alleged that the petitioner’s mother cooperated in the kidnapping, while the petitioner contended that she was merely the mother of the boy, Md. Vasim, who married the victim consensually under personal law and that she had no role in the alleged crime. The victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita did not name the petitioner. The court examined the lack of direct incriminating evidence against her and, despite the prosecution’s opposition, decided to grant anticipatory bail with standard conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond of Rs.10,000 with two sureties and imposed conditions such as regular court appearances and non‑interference with witnesses. The petition was therefore disposed in favour of the petitioner, granting anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations of kidnapping and alleged involvement of her mother.
  • Whether the absence of the petitioner’s name in the victim’s statement under Section 183 BNSS is sufficient to justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • minor
  • false implication
  • personal law marriage
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84221 of 2025
                   Arising Out of PS. Case No.-65 Year-2025 Thana- JHANJHARPUR District- Madhubani
                 ======================================================
                 Naima Khatun W/O Md. Tahir Ansari @ Tahir Ansari R/O Village -
                 Machhadhi, P.S- Jhanjharpur,Dist- Madhubani (Bihar)

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Hriday Narayan Harshit
                 For the Opposite Party/s :      Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   11-02-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Jhanjharpur P.S. Case No. 65 of 2025, F.I.R

                   dated 13.04.2025 registered for the offences punishable under

                   Sections 137(2), 96, 3(5) of Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, one Kamlesh Saday

                   had submitted a written application to the S.H.O., Jhanjharpur,

                   alleging that his minor daughter, Shikha Kumari, an

                   Intermediate student, had been living at her maternal home and

                   studying at Lomens College. On 08.04.2025, she went to

                   college but did not return. The informant searched for her at

                   relatives’ houses but could not locate her. Subsequently, on

                   12.04.2025, he came to know that the petitioner had allegedly
Patna High Court CR. MISC. No.84221 of 2025(3) dt.11-02-2026
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          kidnapped his daughter, and it was further alleged that the

          petitioner’s mother had also cooperated in the said occurrence.

                      4. Counsel for the petitioner submits that petitioner is

          mother of Md. Vasim @ Vasim Ahamad who is said to have

          been married with the victim girl Shikha Kumari and without

          there being any complicity of this petitioner in the said offence,

          she has falsely been implicated while Shikha Kumari and Md.

          Vasim @ Vasim Ahamad are said to be in love and they got

          married as per the personal law. Learned counsel for the

          petitioner by referring to the statement recorded under Section

          183 of BNSS submits that the victim has herself stated that she

          was in love with co-accused Md. Vasim @ Vasim Ahamad and

          she wanted to marry him, but the family members of her was

          not agreeable to the same. Therefore, she came out of her house

          in the name of going to the college and met with Md. Vasim @

          Vasim Ahamad and went to Maharastra and there both of them

          got married as per the personal law and has outrightly rejected

          the complicity of any other person in the said incident.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts that petitioner has

          not been named by the victim in her statement recorded under
Patna High Court CR. MISC. No.84221 of 2025(3) dt.11-02-2026
                                            3/4




          Section 183 of BNSS. Accordingly, this Court is inclined to

          grant the privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate,

          Jhangharpur, District - Madhubani in connection with

          Jhanjharpur P.S. Case No. 65 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative of the petitioner(s) who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
           Patna High Court CR. MISC. No.84221 of 2025(3) dt.11-02-2026
                                                       4/4




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

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

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

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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