Sabanam Khatoon @ Shabbo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65547 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- RAUTA District- Purnia ====================================================== Sabanam Khatoon @ Shabbo W/O Md. Shadik Sah R/O Vill.- Panderpur, P.S.- Rauta, District- Purnea, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2025

1. Heard learned Senior counsel for the petitioner, Mr. N.K. Agrawal and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 103(1) and 3(5) of the BNS, 2023.

3. The learned Senior counsel for the petitioner submits that petitioner has antecedent of one case and is a woman and the informant alleges that his son Md. Sadique married the petitioner, the marriage was a love marriage and thus was opposed by the family members initially, but the family members relented and asked Sadique to stay with them, but petitioner was not interested, thus, they started living on rent at Rauta, further his son used to come to meet the informant and

Patna High Court CR. MISC. No.65547 of 2025(2) dt.25-09-2025 2/3 his mother and informed his mother that petitioner was having an affair with one Shah Alam, on account of which petitioner and Shah Alam threatened him that he will be killed, further on 19.05.2025 his younger son who lives in Lucknow, called and informed at 07:00 PM that Sadique has been killed by the petitioner.

4. Learned Senior counsel for the petitioner submits that petitioner has 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 informant himself has alleged that marriage of the petitioner with the deceased was a love marriage. It is next submitted that since marriage was a love marriage as such why the petitioner would have committed such an occurrence. It is also submitted that informant is not an eye witness nor brother of the deceased is an eye witness to the occurrence, rather the entire allegation hinges around suspicion.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that what is not in dispute rather stands admitted is that son of the informant died and more so the occurrence took place where he was staying with the petitioner. It is further submitted that informant has

Patna High Court CR. MISC. No.65547 of 2025(2) dt.25-09-2025 3/3 specifically disclosed the name of Shah Alam who was having an affair with the petitioner, as disclosed by the deceased prior to his death. It is next submitted that the postmortem report records asphyxia and venous congestion caused due to antemortem hanging. It is thus submitted that it appears that the deceased was hanged leading to his death. It is next submitted that who committed the occurrence is an aspect of investigation and the investigation is continuing and against the petitioner, it is alleged that she was having an affair with Shah Alam and it might be a possibility that Shah Alam along with petitioner committed the occurrence.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T