Patna High Court
Sabina KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 108, 3(5)
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
2/3
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
3/3
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U
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