Patna High Court
Fekani KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioners subject to specified conditions.
Summary
The petitioners, two women from Gaya district, sought anticipatory bail after a police case (Muffasil P.S. Case No. 312 of 2023) alleged they forged a sale deed and demanded a ransom of Rs. 10 lakh, invoking sections 467, 468, 471, 420, 427, 385, 387 and 34 of the IPC. The petitioners claimed innocence, stating the dispute was a civil land matter and emphasized their gender. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the allegations and the petitioners' status as women, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, regular police‑station attendance, and conditions under Section 482(2) of the BNSS. The bail order was conditioned on compliance with the stipulated terms and allowed the petitioners to be released if arrested or surrendered within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners accused of offences under Sections 467, 468, 471, 420, 427, 385, 387 and 34 IPC
- Whether the petitioners' gender (women) influences the grant of anticipatory bail
- Whether conditions under Section 482(2) of the BNSS are applicable to the anticipatory bail order
Legislation cited
- Indian Penal Code — s. 34, 385, 387, 420, 427, 467, 468, 471
Subjects
- anticipatory bail
- forged sale deed
- land dispute
- women
- Section 482(2) BNSS
- Indian Penal Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10121 of 2025
Arising Out of PS. Case No.-312 Year-2023 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Fekani Khatoon W/o Que Mian @ Kyum Miya R/o vill- Silaunja, P.S-
Bodhgaya, Distt.- Gaya
2. Shaidu Khatoon W/o Gulam Nabi @ Gulam Navi R/o Mohalla- Ghughri
Tand, P.S.- Vishnupad, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh
For the Opposite Party/s : Mr. Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Muffasil P.S. Case No. 312 of 2023 dated 13.03.2023 registered
for the offences punishable under Sections 467, 468, 471, 420,
427, 385, 387 and 34 of the I.P.C
3. As per the prosecution case, the petitioners are
accused of selling the land by making a forged sale deed and are
also accused of demanding a ransom of Rs. 10 Lakhs.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that there is a land dispute between
Patna High Court CR. MISC. No.10121 of 2025(5) dt.19-02-2026
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the parties and the petitioners are women.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the allegations levelled against the
petitioners and the fact that the petitioners are women, this
application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gaya/concerned court below in
connection with Gaya Muffassil P.S. Case No. 312 of 2023
subject to the conditions as laid down under Section 482(2) of
the BNSS and with further condition that.
(i). The petitioners shall mark their
attendance at their local Police Stations on the
first and third Sundays of each month. Any
default in appearance at the Police Stations
would result in cancellation of bail bonds of the
petitioners.
(Sandeep Kumar, J)
Shishir/-
U T
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