Patna High Court
Sambida Khatoon @ Samida KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Sambida Khatoon, sought anticipatory bail fearing arrest in a case alleging offences under various sections of the IPC, the Bihar Nagarik Suraksha Sanhita, and Section 6 of the POCSO Act. She contended that she has a clean record, is a woman, and that the allegations of rape by a man named Gullu are false, arising from a personal dispute. The State opposed the bail, arguing the seriousness of the charges. The court examined whether the allegations warranted denial of bail and considered the provisions of Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita. Finding no sufficient ground to deny bail, the court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, along with conditions under the relevant statutes.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the allegations against the petitioner are sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Nagarik Suraksha Sanhita, 2023
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 115(2), 127(2), 351(2), 352, 61(2), 65(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 6
Subjects
- anticipatory bail
- false implication
- rape allegation
- POCSO Act
- Criminal Procedure Code
- women's rights
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17837 of 2026
Arising Out of PS. Case No.-47 Year-2025 Thana- Sahayak Khajanchi District- Purnia
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Sambida Khatoon @ Samida Khatoon W/o Md Rizvan R/o vill- Madhopara
Mushari Tola Verma Cell Road, Thana- Sahayak Khajanchi, at present R/o
Pakariya, Thana- Kasba, District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Y R/o vill - Prabhat Colony, ward no. 30, P.S- K. Hat, Distt.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends her arrest in a case registered
for the offence punishable under Sections 127(2), 115(2),
65(1)61(2), 352, 351(2) B.N.S 2023 and 06 of Pocso Act 2012.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is a woman and
the informant alleges that Gullu along with his three friends
came and said that her elder sister’s friend is ill, thus they have
come to pick up, accordingly she sat with Gullu on his bike, but
Gullu instead of taking her to the house of Ayushi, that is friend
of her sister, took the informant to the house of his aunt, that is,
Patna High Court CR. MISC. No.17837 of 2026(2) dt.13-05-2026
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petitioner, where Gullu, his aunt, sister and mother came and
sent the informant to another place, thereafter, they took them in
a tin house and left the informant alone with Gullu, further she
remained there in late night as Gullu disclosed that her sister’s
friend is being treated by doctor, thereafter, Gullu raped her
forcefully and the next day, Tanweer, Aman and Shanu dropped
her near GMCH.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is falsely implicated in the
instant case by the informant, it is further submitted that the
allegation as alleged with regard to petitioner, mother and sister
of Gullu does not inspire confidence, it is also submitted that it
does not appear probable that mother, sister and aunt of Gullu
would have left informant and Gullu in a tin house, allowing
Gullu to commit rape, it is next submitted that Gullu and the
victim were in love, as such informant had come to meet him
but under parental pressure, the instant false case came to be
instituted implicating the family members of Gullu, it is next
submitted that even presuming what has been alleged is true
without admitting that thrust of the allegation is against Gullu.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.17837 of 2026(2) dt.13-05-2026
3/3
6. After hearing the learned counsel for the parties, let
the petitioner, as named above, in the event of her arrest or
surrender within four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned D.A.S.J 6th Cum Special Judge(POCSO), Purnea in
connection with Sahayak Khazanchi P.S. Case No. 47 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Satyavrat Verma, J)
sanjeev/-
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