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Patna High Court

Bibi Shahin @ ShahinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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,
Patna High Court CR. MISC. No.68965 of 2025(3) dt.21-01-2026
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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.
Patna High Court CR. MISC. No.68965 of 2025(3) dt.21-01-2026
                                            3/4




                       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.
           Patna High Court CR. MISC. No.68965 of 2025(3) dt.21-01-2026
                                                       4/4




                                     (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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