Patna High Court

Zeba Khatoon @ Aisha ParweenversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and conditions.

Summary

The petitioner, Zeba Khatoon, sister of the main accused Aamir Akram, applied for anticipatory bail after her name was implicated in FIR No.57 of 2025 under sections 96 and 3(5) of the B.N.S, 2023 concerning a kidnapping case. She argued that the FIR specifically targets Aamir Akram and that her inclusion is merely due to familial relation, with no criminal antecedent and a willingness to cooperate. The State opposed the bail, but the court considered her gender, lack of prior record, and the vague nature of the allegations against her. Relying on Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023, the court ordered that she be released on anticipatory bail if arrested, upon furnishing a bail bond of Rs.10,000 with two sureties. The order is subject to the usual conditions and the case remaining pending in the lower court.

Issues considered

Whether the petitioner, merely being the sister of the accused, can be granted anticipatory bail under Section 438 CrPC.
Whether the FIR sufficiently implicates the petitioner to deny bail.
Applicability of Sections 96 and 3(5) of the B.N.S, 2023 and Section 482(2) of the B.N.S.S, 2023 in granting anticipatory bail.

Legislation cited

B.N.S., 2023 — s. 3(5), 96
B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 B.N.S.S
gender considerations
FIR
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88145 of 2025
                       Arising Out of PS. Case No.-57 Year-2025 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Zeba Khatoon @ Aisha Parween W/O Md. Chand,D/O Salim Akram R/O
                 Mohalla - Road No.- 3 New Karimganj, P.S- Civil Line, Dist.- Gayaji
                                                                           ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Md. Hamza Kadri S/O Late Syed Sajjad Akhtar R/O Aliganj, Road No.-
                  1A,P.S- Chandauti, Dist.- Gaya
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivendra Prasad, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                     1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Chandauti P.S. Case no.57 of 2025 registered under

                   sections 96 and 3(5) of B.N.S, 2023.

                                3. The allegation in the F.I.R. is that the informant’s

                   daughter was kidnapped by one Aamir Akram, who had

                   previously also eloped with her.

                                4. Learned counsel for the petitioner submits that it

                   would be apparent from the narration made in the F.I.R itself

                   that specific allegation is upon accused Aamir Akram, however,

                   entire family has been implicated on vague allegations of their

                   complicity. The name of the petitioner has transpired in this case

                   only for the reason that she happens to be the sister of the main
          Patna High Court CR. MISC. No.88145 of 2025(2) dt.15-01-2026
                                                      2/2




                    accused. The petitioner has no criminal antecedent and

                    undertakes to co-operate in investigation/trial.

                                 5. The application for anticipatory bail is opposed by

                    learned A.P.P. for the State.

                                 6. Taking into consideration the aforesaid facts and

                    circumstances of the case and also considering the fact that

                    petitioner is a female and she has been implicated in the case

                    only for the reason that she happens to be the sister of the main

                    accused who had eloped with the victim, it is directed that the

                    petitioner, above named, in the event of his arrest or surrender

                    before the learned Court below within a period of four weeks,

                    be released on anticipatory bail in connection with Chandauti

                    P.S. Case no.57 of 2025 on furnishing bail bond of Rs.10,000/-

                    (Rupees Ten Thousand) with two sureties of the like amount

                    each to the satisfaction of the learned Court concerned where

                    the case is pending/successor Court, subject to the condition laid

                    down under Section 438(2) of the Code of Criminal

                    Procedure/Section 482(2) of the B.N.S.S, 2023.


                                              (Soni Shrivastava, J)

Harsh/-
U

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