Patna High CourtCR. MISC./35406/2026bail granted

Sahima Khatoon v. The State Of Bihar

2026-05-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35406 of 2026 Arising Out of PS. Case No.-353 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Sahima Khatoon W/O Sekh Ful Muhammad Thikedar @ Shekh Phool Mohammad R/O Village- Andhra, P.S.- Adapur, Distt.- East Champaran, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Kumar Pankaj, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Adapur P.S. Case No. 353 of 2024 for the offence registered under sections 137(2), 96, 3(5) of the BNS.

3. As per the prosecution story, the informant alleged that one of his villager, Nadeem took away his minor daughter who left the place along with ornaments/ cash. When they went to the house of the family of Nadeem, no explanation was given and rather they were threatened. This led to the FIR.

4. Learned Counsel for the petitioner submits that even going by the FIR, it can be recorded that it relates to relationship between Nadeem and the daughter of the informant.

Patna High Court CR. MISC. No.35406 of 2026(2) dt.21-05-2026 2/3 Only to implicate the family members, at the fag end, the name has been implicated. She is 60 years old having no role to play.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that she is the mother of Nadeem.

6. Considering the submissions of the parties as also the fact that the lady has no criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Motihari, East Champaran in connection with Adapur P.S. Case No. 353 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.35406 of 2026(2) dt.21-05-2026 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T