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Patna High Court

Sahzahan Khatoon @ Shahjhan KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Sahzahan Khatoon, sought anticipatory bail fearing arrest in a case (Madhuban P.S. Case No. 532 of 2024) filed under multiple sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner was among those who assaulted the prosecution side. The petitioner contended innocence and false implication, emphasizing her status as a 33‑year‑old woman. The State opposed the bail application. The Court, after considering the facts and submissions, ordered that the petitioner be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the allegations under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • Criminal Procedure Code
  • Bharatiya Nyaya Sanhita
  • false implication
  • pre‑arrest bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71713 of 2025
                 Arising Out of PS. Case No.-532 Year-2024 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Sahzahan Khatoon @ Shahjhan Khatoon W/O Kaushar Ali @ Kousar Ansari
                 R/o Village-Talimpur, P.s.-Madhuban, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Ranjana Srivastava, Advocate
                 For the State          :        Mr.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Madhuban P.S. Case No. 532 of 2024 instituted under

                   Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 76, 352,

                   351(2) and 351(3) of the Bharatiya Nyaya Sanhita.

                                3. The prosecution side is said to have been assaulted

                   by the accused persons including the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the present petitioner is a 33 year

                   old female.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.71713 of 2025(3) dt.21-01-2026
                                                       2/2




                                  6. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, in the event

                     of arrest or surrender before the Court below within six weeks

                     from today, the petitioner, above named, be released on bail

                     upon furnishing bail bonds of Rs.10,000/- (ten thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned Chief Judicial Magistrate, East Champaran at Motihari

                     in connection with Madhuban P.S. Case No. 532 of 2024,

                     subject to the conditions laid down in Section 482 of the BNSS/

                     438(2) of the Code of Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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