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Patna High Court

Rashida KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and the appellants are granted anticipatory bail subject to conditions.

Summary

The appellants, Rashida Khatoon and Muskan Praveen, appealed against the district judge’s order rejecting their anticipatory bail in a case involving the alleged disappearance of a 17‑year‑old girl and alleged caste‑based harassment. The prosecution alleged that the girl was threatened with forced marriage and that the informant’s caste name was used by the accused’s family. The appellants contended they were falsely implicated, highlighted a 34‑day delay in filing the FIR, and argued that no specific allegation or public caste insult was made against them. The High Court observed the absence of direct material against the appellants and the significant FIR delay, concluding that the bail application warranted relief. Consequently, the court set aside the lower court’s order and granted anticipatory bail with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the appellants under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r)(s) of the SC/ST Act.
  • Whether the 34‑day delay in lodging the FIR and lack of specific allegations justify granting anticipatory bail.
  • Whether the alleged conduct constitutes an offence under the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • SC/ST Act
  • false implication
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarika Suraksha Sanhita
  • caste harassment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2147 of 2025
                       Arising Out of PS. Case No.-541 Year-2024 Thana- GHOSI District- Jehanabad
                 ======================================================
           1.     Rashida Khatoon W/o Md. Amzad @ Md. Amjad Resident of village
                  Shekhpura, P.S.- Ghosi, District-Jehanabad
           2.    Muskan Praveen D/o Md. Amzad @ Md. Amjad Resident of village
                 Shekhpura, P.S.- Ghosi, District-Jehanabad

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Ranju Devi W/o Bablu Mochi Resident of village Shekhpura, P.S.- Ghosi,
                 District-Jehanabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Md Ataul Haque, Advocate
                 For the Respondent/s    :        Mrs. Usha Kumari 1, APP
                 For the Informant       :        Mr. Umesh Kumar, Advocate
                                                  Mr. Shubhankar Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   19-02-2026                  Heard learned counsel for the appellants, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant.

                               2. The instant appeal has been filed by the appellants

                   against the order dated 01.05.2025 passed by learned District

                   and Additional Sessions Judge-VI-cum-Special Judge, POCSO,

                   Jehanabad whereby the prayer for anticipatory bail of the

                   appellants in connection with Ghoshi P.S. Case No. 541 of 2024

                   under Sections 137(2), 96 of the Bharatiya Nyaya Sanhita, 2023

                   and Section 3(1)(r)(s) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.2147 of 2025(4) dt.19-02-2026
                                             2/3




                      3. The prosecution case, in short, is that the informant

          alleges that his 17-year-old daughter went to appear in Inter

          examination on 27.09.2024 but did not return and could not be

          traced. It is further alleged that co-villager Md. Arwaz had been

          threatening to marry her, and upon inquiry at his house, his

          family members abused the informant by taking caste name.

                      4. Learned counsel for the appellants submits that the

          appellants have falsely been implicated in the present case.

          Learned counsel further submitted that there is a delay of thirty-

          four days in lodging the FIR without any plausible explanation,

          which in itself, raises doubt over the prosecution story. Learned

          counsel further submitted that from perusal of the FIR itself, it

          appears that there is no specific allegation against the appellants

          rather, only general and omnibus allegation has been made

          against them. Learned counsel for the appellants further submits

          that the appellants have not taken the caste name of the

          informant in public view, hence, no offence under the provisions

          of SC/ST Act is made out against him. The appellants have no

          intention to disgrace the image of the informant in public view.

          The appellants have no criminal antecedent.

                      5. Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the
           Patna High Court CR. APP (SJ) No.2147 of 2025(4) dt.19-02-2026
                                                        3/3




                     appellants.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, there being no direct material against the appellants

                     as also there being a considerable delay of thirty four days in

                     lodging the FIR, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 01.05.2025

                     passed by learned District and Additional Sessions Judge-VI-

                     cum-Special Judge, POCSO, Jehanabad in connection with

                     Ghoshi P.S. Case No. 541 of 2024 is hereby set aside.

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

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     each with two sureties of the like amount each to the satisfaction

                     of Court below/concerned Court in connection with Ghoshi P.S.

                     Case No. 541 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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