Patna High Court
Tairun Nisha @ Tairun Khatoon @ Tehrun KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
The petitioner, Tairun Nisha, sought anticipatory bail in a kidnapping case (PS Case No. 41 of 2025) filed under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that she, along with others, kidnapped the victim girl. The petitioner contended that she is merely a neighbour and that the victim had eloped and married a man named Sohail, a fact she claimed was supported by the victim’s statement. The State opposed the bail, asserting her involvement in the kidnapping. The Court noted that the petitioner’s counsel could not produce any documentary evidence beyond a photograph of the alleged marriage and therefore dismissed the anticipatory bail application, directing the petitioner to approach the lower court for further examination of the victim’s statement.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita.
- Whether the petitioner is implicated in the alleged kidnapping of the victim.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 96
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- criminal procedure
- elopement
- marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88607 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
Tairun Nisha @ Tairun Khatoon @ Tehrun Khatoon W/O Late Md. Feroj
Resident of Village- Brahampur, P.S.- Kamtaul, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Kamtaul P.S. Case No. 41 of 2025 instituted under
Sections 137(2), 96, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioner along with
other accused persons is alleged of kidnapping the victim.
4. Learned counsel for the petitioner submits that the
petitioner has not kidnapped anyone. It is next submitted that
petitioner is the neighbour of the victim girl and she is not
involved in the crime. Learned counsel further submits that the
victim eloped with one Sohail and got married in Aligarh and
the victim has supported this fact in her statement. Petitioner
has clean antecedent.
Patna High Court CR. MISC. No.88607 of 2025(3) dt.27-02-2026
2/2
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that the
petitioner is involved in kidnapping of the victim.
6. Considering the submissions advanced on behalf
of the parties and the fact that learned counsel for the petitioner
is unable to produce any supporting document for his
submission that the victim has eloped with one Sohail and has
got married to him and rather he relies only on a photograph of
the marriage, this Court is not inclined to go into the details of
the said photograph.
7. Accordingly, the application stands dismissed with
liberty to the petitioner to move before the learned court below
who will examine the statement of the victim and if the court
finds that the victim has eloped with one Sohail and is now
residing with him after marrying him and that the petitioner has
no role in the kidnapping of the victim, then an appropriate
order shall be passed in accordance with law.
(Sandeep Kumar, J)
tusharika/-
U T
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