Created by Fuzzy Cloud

Patna High Court

Wasima Khatoon @ Wasima KhatunversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                           3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.