Patna High Court
Bibi Shahin @ ShahinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Bibi Shahin and Hamida Khatoon, sought anticipatory bail fearing arrest in a criminal case (Sahayak Khazanchi P.S. Case No. 47 of 2025) involving offences under Sections 127(2), 115(2), 65(1), 61(2), 352, 351(2) of the B.N.S., 2023. The prosecution alleged that they were present when the victim was taken by Md. Samir @ Gullu and his friends, but the petitioners contended they were falsely implicated and had no role in forcing the victim, asserting a clean antecedent and familial ties to the main accused. The State opposed the anticipatory bail. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S., imposing conditions such as surety, personal appearance in court, and verification of criminal antecedent. The order also stipulated cancellation of bail upon breach of conditions or involvement in similar offences. The application was disposed of with the bail order.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC in view of the allegations against them.
- Whether the petitioners are likely to tamper with evidence or abscond, justifying denial of bail.
- Whether the petitioners have a clean criminal antecedent warranting bail.
Legislation cited
- B.N.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68965 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- Sahayak Khajanchi District- Purnia
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1. Bibi Shahin @ Shahin D/O Late Amila R/O Vill.- Madhopara Mushari, P.S-
Sahayak Khazanchi, Purnea- 854301, District- Purnea (Bihar).
2. Hamida Khatoon W/O Late Amila R/O Vill.- Madhopara Mushari, P.S-
Sahayak Khazanchi, Purnea- 854301, District- Purnea (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar
2. X R/O Prabhat Colony, Ward No. 30, P.S- K.Hat, Distt.- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Maruth Nath Roy, Advocate
For the State : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Despite valid service of notice upon O.P. No. 2,
none appears on behalf of O.P. No. 2.
3. Petitioners apprehend their arrest in connection
with Sahayak Khazanchi P.S. Case No. 47 of 2025 registered for
the offences under Sections 127(2), 115(2), 65(1), 61(2), 352,
351(2) of B.N.S., 2023.
4. As per the prosecution case, the informant has
stated that one Md. Samir @ Gullu along with his three friends
in the name of illness of her sister’s friend, picked her on a
motorcycle and took to the house of her friend Ayushi Kumari
and from there they took her to the house of his maternal aunt,
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namely, Sambida Khatoon. It is alleged that the petitioners along
with others were present and they left the victim along with Md.
Samir @ Gullu for the whole night and on the subsequent day,
the brother of the said Md. Samir @ Gullu is said to have
dropped her behind GMCH, Purnea.
5. Learned counsel for the petitioners submit that the
petitioners have falsely been implicated in the present case and
the story narrated by the informant is false and concocted. It is
further submitted that there was a love affair between the
informant/victim and one Md. Samir @ Gullu and the
petitioners happen to be the brother and son of the main
accused, Md. Samir @ Gullu, respectively. It is next submitted
that even if the allegations are taken at its face value, nothing
has been alleged against the petitioners that they had forced the
girl to go with Md. Samir @ Gullu and it is not even the case of
the victim that she had protested and had shouted prior to being
taken to the house of Md. Samir @ Gullu, which goes on to
show that she has gone on her own free will. It has next been
submitted that both the petitioners are lady members who are
the sister and mother, respectively of the main accused Md.
Samir @ Gullu. It has lastly been submitted that the petitioners
carry clean antecedent.
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6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
7. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Sahayak Khazanchi
P.S. Case No. 47 of 2025 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
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(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
8. Accordingly, the present application stands
disposed of.
9. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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