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Patna High Court

Sahima KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted to the petitioner under Section 438 Cr.P.C. given her lack of criminal antecedent and familial connection, subject to strict conditions.

Summary

The petitioner, Sahima Khatoon, sought anticipatory bail fearing arrest in a case (Adapur P.S. Case No. 353 of 2024) where she was implicated as the mother of the alleged offender Nadeem under sections 137(2), 96 and 3(5) of the BNS. The prosecution alleged that Nadeem abducted the informant’s minor daughter and fled with valuables, leading to an FIR. The petitioner argued that the FIR merely reflects a family dispute and she has no criminal antecedent. The State opposed bail, contending her involvement as Nadeem’s mother. The High Court, considering her clean record and familial ties, granted anticipatory bail under Section 438(2) of the Cr.P.C. with conditions regarding sureties, appearance, non‑tampering with witnesses, and refraining from further offences.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. in the present circumstances
  • Whether the petitioner’s familial relationship to the alleged offender and lack of prior criminal record justify the grant of bail
  • What conditions should be imposed on the anticipatory bail to safeguard the trial process

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • bail conditions
  • witness tampering
  • family relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35406 of 2026
                   Arising Out of PS. Case No.-353 Year-2024 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Sahima Khatoon W/O Sekh Ful Muhammad Thikedar @ Shekh Phool
                 Mohammad R/O Village- Andhra, P.S.- Adapur, Distt.- East Champaran,
                 Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vikash Kumar Pankaj, Adv.
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-05-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Adapur P.S. Case No. 353 of 2024 for the offence

                   registered under sections 137(2), 96, 3(5) of the BNS.

                                3. As per the prosecution story, the informant alleged

                   that one of his villager, Nadeem took away his minor daughter

                   who left the place along with ornaments/ cash. When they went

                   to the house of the family of Nadeem, no explanation was given

                   and rather they were threatened. This led to the FIR.

                                4. Learned Counsel for the petitioner submits that

                   even going by the FIR, it can be recorded that it relates to

                   relationship between Nadeem and the daughter of the informant.
Patna High Court CR. MISC. No.35406 of 2026(2) dt.21-05-2026
                                            2/3




          Only to implicate the family members, at the fag end, the name

          has been implicated. She is 60 years old having no role to play.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that she is

          the mother of Nadeem.

                       6. Considering the submissions of the parties as also

          the fact that the lady has no criminal antecedent, in that

          background, this Court is inclined to grant him the anticipatory

          bail with conditions.

                       7. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

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

          amount each to the satisfaction of the learned Judicial

          Magistrate- 1st Class, Motihari, East Champaran in connection

          with Adapur P.S. Case No. 353 of 2024 subject to condition as

          laid down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.35406 of 2026(2) dt.21-05-2026
                                                       3/3




                     before the Trial court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his bail

                     bond by the Trial court itself;

                                  (iii) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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