Patna High Court
Wasima Khatoon @ Wasima KhatunversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the appeal, set aside the trial court’s order, and held that anticipatory bail is maintainable in the facts of the case.
Summary
The appellant, Wasima Khatoon, was charged with kidnapping a girl under several provisions of the Bihar Non‑tribal (BNSS) Act and the Scheduled Castes and Scheduled Tribes (SC/ST) Act. The trial court rejected her anticipatory bail application. The appellant contended that she was falsely implicated, the victim was recovered, and the alleged offence under the SC/ST Act did not arise because the girl was in a consensual relationship with the appellant's son. The State opposed the bail. The High Court examined the FIR and concluded that the dispute was familial rather than a caste‑based offence, and therefore the anticipatory bail was maintainable. The appeal was allowed, the lower court’s order set aside, and the appellant was directed to surrender within four weeks and obtain bail on prescribed bond and surety conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS Act.
Issues considered
- Whether the anticipatory bail under Section 438 CrPC is maintainable when the accused is charged under the SC/ST Act and BNSS provisions.
- Whether the facts disclose an offence under the SC/ST Act given the victim’s recovery and alleged consensual relationship.
- Whether the trial court erred in rejecting the anticipatory bail application.
Legislation cited
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- SC/ST Act
- BNSS Act
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1100 of 2025
Arising Out of PS. Case No.-161 Year-2024 Thana- MORKAHI District- Khagaria
======================================================
Wasima Khatoon @ Wasima Khatun W/o- Md. Murtuja @ Mateja Village-
Bachhauta Ps- Morkahi Dist- Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajni Devi W/o- Jitendra Ram Village- Bachhauta, W.No-4, Ps- Morkahi
Dist- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Mritunjay Kumar, Advocate
For the Respondent/s : Mr.Zeyaul Hoda, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
12.02.2025 passed by the learned District and Additional
Sessions Judge 1st-cum- Special Judge (SC/ST) Khagaria in
connection with Morkahi P.S. Case No. 161 of 2024 registered
for the offence under Sections 96, 351(2), 351(3), 352, 3(5) of
B.N.S.S. and under sections 3(1)(r), 3 (1)(s) of S.C/S.T. Act by
which anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, allegations against the
accused persons including the appellant is that they have
kidnapped the victim girl.
4. Learned counsel for the appellant submits that the
Patna High Court CR. APP (SJ) No.1100 of 2025(5) dt.12-03-2026
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appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as
the victim girl was later recovered and she had given a
statement that she was in relationship with the son of the
appellant and therefore the application of the anticipatory bail is
maintainable.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that she is a member of SC/ST community and
primarily, it appears that due to a dispute between the two
families over a relationship between the boy and girl and
therefore, this application for grant of anticipatory bail is held to
be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 12.02.2025 passed by the learned
District and Additional Sessions Judge 1st-cum- Special Judge
(SC/ST) Khagaria in connection with Morkahi P.S. Case No.
161 of 2024, is hereby set aside.
8. Let the appellant, in the event of his arrest or
Patna High Court CR. APP (SJ) No.1100 of 2025(5) dt.12-03-2026
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surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District and Additional Sessions Judge 1st-cum-
Special Judge (SC/ST) Khagaria /concerned Court below in
connection with Morkahi P.S. Case No. 161 of 2024, subject to
the conditions laid down under Section 438(2) of the Code of
Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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