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Patna High Court

Khushbu Khatun @ JuliversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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