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Patna High Court

Sabina KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions imposed by the Court.

Summary

The petitioners, members of the Khatoon‑Miya family, applied for anticipatory bail fearing arrest in a case registered under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita alleging they tortured and harassed the informant's son, leading to his suicide. They contend that the alleged love affair between the first petitioner and the deceased makes the other family members mere victims of over‑implication and point to a 32‑day delay in filing the FIR as a reason to doubt the prosecution's case. The State and the informant opposed the bail, maintaining that the allegations constitute serious offences. The Court examined the nature of the accusations, the delay in the FIR, and the petitioners' clean antecedents. Considering these factors, the Court granted anticipatory bail, directing the petitioners to surrender within eight weeks and furnish a bail bond of Rs 10,000 with two sureties. The bail is conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the allegations of offences under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita
  • Whether the delay of 32 days in lodging the FIR affects the viability of the prosecution's case
  • Whether the petitioners are likely to abscond or tamper with evidence

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 108
  • Section 3(5)
  • delay in FIR
  • suicide
  • harassment
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1064 of 2026
                  Arising Out of PS. Case No.-639 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Sabina Khatoon W/O Sagir Alam Resident of village- Ghiuwadar, P.S.-
                  Harsidhi, P.S.- East Champaran.
           2.    Hasina Khatoon wife of Sarfuddin Miya Resident of village- Ghiuwadar,
                 P.S.- Harsidhi, P.S.- East Champaran.
           3.    Jalina Khatoon wife of Najir Miya @ Najir Alam Resident of village-
                 Ghiuwadar, P.S.- Harsidhi, P.S.- East Champaran.
           4.    Sarfuddin Miya Son of Muharram Miya @ Late Moharam Miya Resident of
                 village- Ghiuwadar, P.S.- Harsidhi, P.S.- East Champaran.
           5.    Najir Miya @ Najir Alam Son of Sarfuddin Miya Resident of village-
                 Ghiuwadar, P.S.- Harsidhi, P.S.- East Champaran.
           6.    Firoj Miya @ Firoj Alam Son of Mahmud Miya Resident of village-
                 Ghiuwadar, P.S.- Harsidhi, P.S.- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Abhishek Kumar, Advocate
                                                  Mr. Hemant Ray, Advocate
                 For the State           :        Mr. Suman Kumari Singh, Addl. Public Prosecutor
                 For the Informant       :        Mr. Manu Kumar, Mr. Rajesh Kumar, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   22-01-2026                       Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 108 and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                 3. It is alleged that these petitioners mentally and

                   financially committed torture and harassment to the son of

                   informant as a result of which, he committed suicide.
Patna High Court CR. MISC. No.1064 of 2026(2) dt.22-01-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence. As per

          F.I.R., there was love affair between petitioner no. 1 and son of

          the informant and rest of the petitioners are simply victims of

          over implication as they are family members of petitioner no. 1.

          Moreover, son of the informant committed suicide in Ajaman,

          UAE due to family dispute and depression. F.I.R. has been

          lodged after inordinate delay of 32 days, without any plausible

          explanation, which itself raises doubt over veracity of the

          prosecution case. Petitioners claim clean antecedent.

                       5. Learned A.P.P. for the State as well as learned

          counsel for the informant vehemently opposed the bail

          application.

                       6. Considering the nature of accusation and other facts

          and circumstances of the case, this anticipatory bail is allowed

          and it is ordered that let the above named petitioners in the event

          of their arrest/surrender before the court below within a period

          of eight weeks from today, be enlarged on bail on furnishing

          bail-bond of Rs. 10,000/- (ten thousand) each with two sureties

          of the like amount each to the satisfaction of Judicial

          Magistrate-I,       Motihari, East Champaran in connection with

          Harsidhi P. S. Case No. 639 of 2025, subject to condition as laid
          Patna High Court CR. MISC. No.1064 of 2026(2) dt.22-01-2026
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                    down under Section 482(2) of the Bharatiya Nagarik Suraksha

                    Sanhita, 2023.



                                          (Prabhat Kumar Singh, J)
Navya/-

U


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