Ashma Khatoon @ Shamli v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77682 of 2025 Arising Out of PS. Case No.-303 Year-2025 Thana- FATEHPUR District- Gaya ====================================================== 1.
Ashma Khatoon @ Shamli Wife of Sajid Ansari RO Village -Charokharigarh PS- Fatehpur District- Gaya ji 2.
Sajid Ansari son of Ishrayal Miyan @ Izrail Miyan RO Village -Charokharigarh PS- Fatehpur District- Gaya ji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi Mr. Ashutosh Kumar Mishra Mr/s. Wajeeha Jafri For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary Mr. Chandra Bhushan Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 87 of the B.N.S.
3. The S.H.O. Fatehpur Police Station, Gaya and the Investigating of the case in compliance of the order dated 02.12.2025 are present in the Court.
4. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.1 is a woman and the informant alleges that Suhel on
Patna High Court CR. MISC. No.77682 of 2025(3) dt.09-12-2025 2/3 28.04.2025 enticed the daughter of the informant and took her away. Accordingly, informant came to the house of Suhel when family members of Suhel said that victim will be returned within an hour or too, but the victim has not returned.
5. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that victim and Suhel were in love and they eloped. It is also submitted that victim has come back and her statement was recorded under Section 183 B.N.S.S. wherein she has stated that on 28.04.2025, she along with Suhel went to Kolkata where they stayed for 10-12 days and thereafter, they came to Delhi where they stayed for 4-5 months like husband and wife. Further, that they were living as husband and wife but when victim threatened Suhel that she will commit suicide, thereafter he was bringing her back to the village when she was apprehended by Fatehpur Police. The learned counsel submits that as far as petitioners are concerned, the victim does not rope them in the instant case.
6. Learned A.P.P. opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the
Patna High Court CR. MISC. No.77682 of 2025(3) dt.09-12-2025 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Fatehpur P. S. Case No.303 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
9. The personal appearance of the S.H.O. and Investigating Officer of the case is dispensed with. (Satyavrat Verma, J) vikash/- U T