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Patna High Court

Sulekha Khatoon @ Sulekha KhatunversusThe State of BIhar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to a bail bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Sulekha Khatoon and Johara Khatoon, sought anticipatory bail after being implicated in a murder case (Sections 103(1) and 3(5) of the B.N.S.) based on the death of a young man whose body was found hanging from a tree. They argued that the FIR was founded solely on suspicion, there were no eyewitnesses, and they have clean antecedents and are women. The informant alleged a prior panchayati dispute in which the petitioners threatened the victim, but the prosecution could not produce material linking them to the crime. Both the State’s APP and the informant’s counsel could not rebut the claim that the case rests on suspicion alone. The court, considering the petitioners’ clean record and the lack of substantive evidence, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, invoking Section 482(2) of the B.N.S.S. and imposing standard conditions to ensure cooperation with the investigation.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) when the accusation is based solely on suspicion and lacks eyewitness evidence.
  • Whether the petitioners are likely to abscond or tamper with evidence if released on bail.
  • Whether the allegations under Sections 103(1) and 3(5) of the B.N.S. constitute a cognizable offence warranting denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Section 103
  • Section 3
  • murder
  • suspicion
  • clean antecedent
  • women
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88407 of 2025
                   Arising Out of PS. Case No.-430 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
           1.     Sulekha Khatoon @ Sulekha Khatun W/O Hira Nadaf R/O Village - Dudahi,
                  P.S- Babubarhi, District - Madhubani
           2.    Johara Khatoon @ Johara Khatun W/O Sobrati Nadaf R/O Village - Dudahi,
                 P.S- Babubarhi, District - Madhubani

                                                                                 ... ... Petitioner/s
                                                   Versus
                 The State of BIhar Advocate General Bihar patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gagan Deo Yadav, Adv.
                                                 Mr. Ravi Prakash, Adv.
                                                 Ms. Udeshya Kumar Yadav, Adv.
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   12-03-2026                   1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 103(1) and

                   3(5) of the B.N.S..

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and the informant alleges that on 24.09.2025 at 6 A.M., a dead

                   body was found hanging from a tree, on alarm, the informant

                   came to the place of occurrence and found the dead body of her

                   son whose neck was tied with a Dupatta and mouth tied with
Patna High Court CR. MISC. No.88407 of 2025(4) dt.12-03-2026
                                            2/4




          clothes, next alleges that four days prior to the occurrence, a

          panchayati regarding a mutual dispute involving the deceased

          had taken place, during which several persons including the

          petitioners had threatened to kill her son, thus alleges based on

          suspicion that her son was killed by the accused persons

          including the petitioners by hanging him from the tree.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the entire

          allegation hinges around suspicion. It is further submitted that

          there is no eyewitness to the occurrence nor the FIR discloses as

          to what dispute involving the deceased had taken place for

          which a panchayati was held and the deceased was threatened

          by the accused persons including the petitioners. It is further

          submitted that no doubt the dead body of the deceased was

          found hanging on a tree but then whether the petitioners were

          involved in the occurrence or not is an aspect of investigation. It

          is also submitted that the deceased had made viral a photograph

          of the daughter of the petitioner no.1 for which the panchayati

          was held but then in the FIR the informant for reasons best

          known does not disclose the reason for which the panchayati
Patna High Court CR. MISC. No.88407 of 2025(4) dt.12-03-2026
                                            3/4




          was held. It is also submitted that it absolutely does not stand to

          reason that as to why the petitioners who are mother and Aunt

          (Mami) of the victim whose photo was made viral on social

          media would have indulged in such an occurrence.

                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioners but then the learned APP after

          perusing the case diary fairly submits that there is no eyewitness

          to the occurrence and no material has transpired during the

          course of investigation connecting the petitioners with the

          offence except for suspicion. Learned counsel appearing on

          behalf of the informant also not in a position to rebut the

          submission of the learned counsel appearing on behalf of the

          petitioners that petitioners have been implicated in the instant

          case based on suspicion and that there is no eyewitness to the

          occurrence. Learned APP submits that in the event if privilege

          of anticipatory bail is granted to the petitioners, the petitioners

          may abscond, on which, the learned counsel appearing on behalf

          of the petitioners submits that petitioners will not abscond rather

          will cooperate in the investigation to prove their innocence.

                       6. After hearing the learned counsel for the parties and

          also taking into consideration the fact that petitioners are
             Patna High Court CR. MISC. No.88407 of 2025(4) dt.12-03-2026
                                                         4/4




                       persons with clean antecedent and are women, the petitioners

                       above-named, in the event of their arrest or surrender within a

                       period of six weeks from today, be released on anticipatory bail

                       on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

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

                       of learned trial court where the case is pending/successor court

                       in connection with Babubarhi P.S. Case No.430/2025, subject to

                       the conditions as laid down under Section 482(2) of the

                       B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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