Patna High Court
Chand Tara Khatoon @ Jantara KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the FIR only raised suspicion and, given the petitioners' clean antecedent, bail was appropriate.
Summary
The petitioners, three women from Bhattha Mohamadpur, were named in an FIR under IPC sections 363 and 366-A for allegedly kidnapping the minor daughter of an informant to facilitate illicit intercourse or marriage. They contended that the marriage was consensual, as the girl was in love with the son of a relative and married of her own free will, and argued that the FIR only raised suspicion and they have clean antecedents. The State opposed their bail application. The Court examined the FIR and found it did not establish a prima facie case against the petitioners, noting their respectable background. Consequently, the Court ordered their release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was directed to be executed within four weeks of arrest or surrender.
Issues considered
- Whether the FIR under sections 363 and 366-A establishes a prima facie case sufficient to deny bail to the petitioners.
- Whether anticipatory bail under Section 438(2) of the CrPC is applicable in the present kidnapping case.
- Whether the conditions under Section 482(2) of the BNSS can be imposed while granting bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 363, 366-A
Subjects
- kidnapping
- bail
- anticipatory bail
- IPC 363
- IPC 366-A
- CrPC 438
- BNSS 482
- clean antecedent
- minor
- consensual marriage
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18454 of 2024
Arising Out of PS. Case No.-289 Year-2019 Thana- MANJHI District- Saran
======================================================
1. Chand Tara Khatoon @ Jantara Khatoon, D/o Ful Mohammad
2. Manju Begum, W/o Ful Mohammad
3. Mantara Khatoon @ Mentara Khatoon, D/o Ful Mohamamd
All are R/o Village - Bhattha Mohamamdpur, P.S. - Manjhi, Dist. - Saran
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Aashi Wats, Advocate
Mr. Mukesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Manjhi P.S. Case
No.289 of 2019 registered under Sections 363 and 366-A of
the Indian Penal Code.
3. As per FIR, the petitioners are alleged to be
involved in kidnapping of minor daughter of informant along
with other co-accused persons for the purpose of illicit
intercourse/marriage with another person.
4. It is submitted by learned counsel appearing for
petitioners that the daughter of informant was in love with son
of sister of petitioner no.2 and solemnized marriage with him
Patna High Court CR. MISC. No.18454 of 2024(3) dt.28-01-2026
2/2
out of her own sweet will. It is submitted that merely on the
basis of suspicion, as these petitioners abeted the crime in
question qua kidnapping of minor daughter of informant, they
appears implicated with present case and moreover the
petitioner are ladies of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as face of FIR prima facie raised only
suspicion qua involvement of petitioners with present crime in
question, where all three petitioners are ladies of clean
antecedent, accordingly, all above-named three petitioners, are
directed to be released on bail, in the event of their arrest or
surrender in the court below within a period of four weeks, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-XIII, Saran, Chapra in
connection with Manjhi P.S. Case No.289 of 2019, subject to
the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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