Shayda Khatun @ Shayda Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42204 of 2026 Arising Out of PS. Case No.-114 Year-2026 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Shayda Khatun @ Shayda Khatoon, W/o Md. Chand Hasan @ Md. Chand 2.
Md. Hasan, S/o Md. Chand Hasan @ Md. Chand Both are R/o Village - Bishanpur, Police Station - Samastipur Muffasil, District - Samastipur ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Samastipur Muffasil P.S. Case No.114 of 2026 registered under Sections 137(2) and 96 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'BNS').
3. As per FIR, co-accused persons including the petitioners alleged to kidnap the minor daughter of informant aged about 16 years for the purpose of illicit intercourse/marriage with another persons.
Patna High Court CR. MISC. No.42204 of 2026(2) dt.07-07-2026 2/3
4. It is submitted by learned counsel appearing for petitioners that during the course of investigation, the minor daughter of informant recorded her statement under Section 183 of the Bhartiya Nagrik Suraksha Sanhita (in short 'BNSS'), where she specifically stated that she out of her own left her parental home, as she was in love with coaccused Alkama @ Kalu, who is grandson of petitioner no.1 and nephew of petitioner no.2. It is submitted that out of said love, she solemnized her nikah at Hyderabad and, thereafter, living together as wife and husband. Both petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact, as thrust of allegation is available against co-accused Alkama, where the allegation of kidnapping and sexual assault also appears negated by the victim daughter of the informant, coupled with the fact that the petitioners, who prima facie appears implicated being grand-father and uncle of the main co-accused Alkama, accordingly, in the event of their arrest or surrender in the court below within a
Patna High Court CR. MISC. No.42204 of 2026(2) dt.07-07-2026 3/3 period of four weeks, both above-named petitioners are directed to be released 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 Additional Chief Judicial Magistrate-II, Samastipur in connection with Samastipur Muffasil P.S. Case No.114 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Sanjeet/- U T