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Patna High Court

Shahnaz KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U          T


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