Patna High Court
Abdul Haque @ BhuttiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petitioners' anticipatory bail applications.
Summary
The petitioners, Najrana Khatoon and Abdul Haque, were named in an FIR for allegedly kidnapping the minor daughter of an informant. The victim, in a statement recorded under Section 183 of the B.N.S., denied any kidnapping and said she stayed with the accused of her own volition, making no allegations against the petitioners. The petitioners contended they were innocent and sought anticipatory bail, while the State opposed the relief. The Court examined the general nature of the accusations and the victim's statement, and concluded that the allegations did not justify denial of bail. Consequently, the Court granted anticipatory bail to the petitioners, subject to a bail bond and conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a kidnapping case where the victim has denied the alleged offence.
- Whether the allegations in the FIR constitute a sufficient ground to deny bail under the provisions of the B.N.S.
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 482(2), 87
Subjects
- anticipatory bail
- kidnapping
- victim statement
- Section 183
- Section 482(2)
- pre‑arrest bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2116 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Najrana Khatoon @ Najran Khatoon Wife of Arshad Gauhar Resident of
village - Jhumka, Police Station - Sikta, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6064 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Abdul Haque @ Bhutti S/o Shaikh Samshul @ Samasul Saikh R/o Village-
Jhumka, Police station- Sikta, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2116 of 2026)
For the Petitioner : Mr. Brij Kishor Mishra, Advocate
For the State : Mr. Arun Kumar, APP
For the Informant : Mr. Aditya Nath Jha, Advocate
(In CRIMINAL MISCELLANEOUS No. 6064 of 2026)
For the Petitioner : Mr. Brij Kishor Mishra, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
For the Informant : Mr. Aditya Nath Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. Since both these pre-arrest bail petitions arise out of
the same P.S. case, they are being taken up together and
Patna High Court CR. MISC. No.2116 of 2026(4) dt.09-04-2026
2/3
disposed of by this common order.
3. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 137(2), 87
and 3(5) of the B.N.S..
4. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
kidnapped minor daughter of informant.
5. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that these petitioners are only alleged to have assisted
co-accused Gulab Sheikh in kidnapping of the victim. During
investigation, the victim was recovered and in her statement
recorded under Section 183 of the B.N.S.S., she denied the
factum of kidnapping and has categorically stated that she, out
of her own sweet will, stayed with co-accused Gulab Sheikh and
co-accused Gulab Sheikh had not committed any wrong with
her. The victim has not alleged anything wrong against these
petitioners.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.2116 of 2026(4) dt.09-04-2026
3/3
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and statement of
the victim recorded under Section 183 of the B.N.S.S., the
prayer for grant of anticipatory bail to the petitioners is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners 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 learned Judicial Magistrate-1 st
Class, Bettiah, District- West Champaran in connection with
Sikta P.S. Case No. 131 of 2025, subject to condition as laid
down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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