Patna High Court
Khushbu Khatun @ JuliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Khushbu Khatun and Sharfaraj Ragib, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 96 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging kidnapping of a minor for prostitution. The prosecution’s FIR, based on an informant’s complaint, implicated several persons including the petitioners, but the petitioners denied any specific allegation and highlighted the victim’s statement under Section 183, which did not corroborate the prosecution’s case. The State opposed the bail, while the petitioners argued innocence, lack of criminal antecedent, and insufficiency of evidence. The Court examined the victim’s statement and found it unsupportive of the prosecution, leading it to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, cooperation with investigation, and verification of any concealed criminal antecedent. The order invoked Sections 438(2) of the CrPC and 482(2) of the BNS, 2023, for bail and its cancellation if necessary.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the victim’s statement under Section 183 of the BNS supports the prosecution’s case
- Whether the petitioners have any undisclosed criminal antecedent that would justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 137(2), 183, 3(5), 482(2), 96
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- prostitution
- minor
- Bharatiya Nagarik Suraksha Sanhita
- Criminal antecedent
- victim statement
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88135 of 2025
Arising Out of PS. Case No.-224 Year-2025 Thana- KUMAR KHAND District- Madhepura
======================================================
1. Khushbu Khatun @ Juli W/o- Sharfaraj Ragib @ Md. Sarfraj Ragib R/v-
Bhokrahim, Ps- Kishanpur Dist- Supaul
2. Sharfaraj Ragib @ Md. Sarfraj Ragib S/o- Mr. Najjo @ Najjo @
Mohammad Najibur Rahman R/v- Bhokrahim, Ps- Kishanpur Dist- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Iliyas S/o- Md. Nasir R/v- Yauapatti Ps- Kumarkhand Dist- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pooja Prasad
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 137(2), 96,
3(5) of BNS, 2023.
3. The prosecution case in brief is that the informant,
Md. Iliyas has lodged an FIR to this effect that on dated
26.09.2025 at night, informant got information that Md. Gauhar
Alam @ Ladla, Md. Khalid, Hamida Khatoon, Sharfaraj
Raghib, Khushboo Khatoon @ Juli along with some unknown
persons under conspiracy kidnapped the minor grand-daughter
of the informant with intention of having physical relation and
selling her for prostitution. Further, alleged that Md. Gauhar
Patna High Court CR. MISC. No.88135 of 2025(3) dt.24-02-2026
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has fired from his school as private teacher due to bad habit with
girls specially informant’s minor grand-daughter at Sufa Public
School, Supaul. Thereafter, Md. Gauhar @ Ladla along with
Md. Khalid under conspiracy kidnapped the minor grand-
daughter of informant with intent to physical relation and selling
her for prostitution. Thereafter, informant lodged this case.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. He further submits that there is no specific
allegation against the petitioners and the petitioner has no
criminal antecedent, as statement made in para 3 of the bail
application. Learned counsel for the petitioners further submits
that the from statement of victim recorded under Section 183,
does not support the prosecution case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that from perusal of the statement of the
victim girl recorded under Section 183 BNS, in which she does
not support the case of the prosecution and in such view of the
matter, I am inclined to grant privilege of anticipatory bail to the
petitioners.
Patna High Court CR. MISC. No.88135 of 2025(3) dt.24-02-2026
3/3
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned A.C.J.M.-III, Madhepura, in
connection with Kumarkhand P.S. Case No. 224 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to further condition
that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
sanjeev/-
U T
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