Patna High Court
Shahnaz KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, directing that the appellants be released on bail subject to the conditions of Section 438(2) Cr.P.C.
Summary
The appellants, Shahnaz Khatoon and Mojib Alam, mother‑in‑law and father‑in‑law, were charged under Sections 85, 352 and 3(5) of the Bihar Narcotic Substances Act, Sections 3 and 4 of the Dowry Prohibition Act and Section 3(i)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for allegedly pressurising an informant to convert her religion. The informant, who had previously married another man and had a child, married the appellants’ son and later lodged a complaint. The trial court rejected their application for anticipatory bail. On appeal, the appellants contended that they were falsely implicated and that the informant’s prior marriage negated the allegations. The Patna High Court set aside the lower court’s order, allowed the appeal and directed that the appellants be released on bail upon furnishing bail‑bonds of Rs 5,000 each with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in the present case
- Whether the allegations against the appellants constitute offences under the SC/ST (Prevention of Atrocities) Act, the Dowry Prohibition Act and the Bihar Narcotic Substances Act
- Whether the informant’s prior marriage and alleged conversion pressure affect the validity of the charges
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 352, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- Dowry Prohibition Act
- Criminal Procedure Code
- false implication
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.684 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- MAHILA P.S. District- Lakhisarai
======================================================
1. Shahnaz Khatoon, W/o Mojib Alam @ Md. Mojib Alam R/o Village - Halsi,
P.S - Halsi, District - Lakhisarai
2. Mojib Alam @ Md. Mojib Alam S/o Abdul Hameed @ Hameed Miyan R/o
Village - Halsi, P.S - Halsi, District - Lakhisarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Rani Kumari D/o Sunil Das R/o - Sahur Ward No. 7, P.S - Suryagarha,
District - Lakhisarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vijay Kumar
For the Respondent/s : Mr.Binay Krishna
Mr.Rajnish Kumar
Ms.Sweta Burnwal
Mr.Sheo Nandan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard the learned counsel for the appellants, the
learned Special Public Prosecutor for the State and the learned
counsel appearing on behalf of the informant.
2. The appellants have challenged the order dated
20.01.2026 passed by the Court of Smt. Rajani Kumari, learned
District and Additional Sessions Judge-1st-cum-Special Judge,
SC/ST Act, Lakhisarai in connection with ABP No.1478 of 2025
arising out of Lakhisarai Mahila P. S. Case No.65 of 2025,
instituted for the offences under Sections 85, 352 and 3(5) of the
B.N.S., Sections 3 and 4 of the D. P. Act and Section 3(i)(r)(s)
Patna High Court CR. APP (SJ) No.684 of 2026(2) dt.19-03-2026
2/3
of the Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities) Act, 1989, whereby their prayer for grant of
anticipatory bail has been rejected.
3. The learned counsel appearing on behalf of the
appellants submits that appellants, being mother in-law and
father in-law, have been falsely implicated in the instant case by
the informant. It is next submitted that informant married the
son of the appellants and out of the wedlock, a child was born,
but then, it is alleged that appellant along with the husband are
pressurizing the informant to convert her religion. It is next
submitted that informant prior to marrying the son of the
informant had also performed her marriage with one Manoj
Bharti in the Year 2017 as would manifest from her statement
recorded under Section 164 of the Cr.P.C. in connection with
Surajgarha P. S. Case No.46 of 2018 and from the first marriage,
informant also had a child. It is thus submitted that since
appellants were objecting the marriage of the informant with
their son on the ground that informant without divorcing her
first husband performed her marriage with their son, as such,
they came to be implicated in the instant case.
4. The learned Special P.P. as well as the learned
counsel appearing on behalf of the informant opposes the
Patna High Court CR. APP (SJ) No.684 of 2026(2) dt.19-03-2026
3/3
appeal, but then, t the learned counsel appearing on behalf of the
informant is not in a position to rebut the submission made by
the learned counsel appearing on behalf of the appellants that
informant had earlier performed her marriage with Manoj
Kumar Bharti as would manifest from Annexure-3 to the appeal.
5. Regard being had to the aforesaid submissions, the
order dated 20.01.2026 is set-aside.
6. The appeal stands allowed.
7. The appellants, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of eight weeks, are directed to be released on bail on
their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) each with two sureties of the like amount each
to the satisfaction of Smt. Rajani Kumari, learned District and
Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act,
Lakhisarai in connection with ABP No.1478 of 2025 arising out
of Lakhisarai Mahila P. S. Case No.65 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
vikash/-
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