Insufficient evidence can lead to anticipatory bail being granted even with serious allegations.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 16-12-2025 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail in connection with Siwan Mahila P. S. Case No. 58 of 2025 registered for the offences punishable under Sections 69, 318(2) and 3(5) of BNS.

3. As per the F.I.R., prosecution case is that the informant's marriage was fixed with Gurfan Khan. After the engagement, Gurfan Khan’s mother, Shubhtara Khanam (petitioner), took Rs. 60,000/- in cash as advance, and the marriage was initially fixed for February 2024, but was postponed to 2025 due to the death of Gurfan Khan’s father. In the meantime, Gurfan Khan, on the false assurance of marriage, established physical relationship with the informant, took another Rs. 50,000/- in his name. It is further alleged that on 07.04.2025 Gurfan Khan and his mother refused to solemnize the marriage with informant and ultimately cheated about Rs.

1,10,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case. It is submitted that the petitioner had no role in deciding the marriage of her son with the informant, as the marriage was settled by the petitioner’s husband and the informant’s brother. The only allegation against the petitioner is that she took Rs. 60,000/- in cash as advance for the marriage, which is wholly false and baseless. He further submits that the main allegation of establishing physical relationship is upon the son of the petitioner and there is no serious allegation against the petitioner, who is mother of main accused Gurfan Khan. Petitioner is a lady having no criminal antecedent as per para 3 of the bail application.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the clean antecedent of the petitioner, let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the date of receipt/production a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan/concerned court in connection with Siwan Mahila P. S. Case No. 58 of 2025 subject to the conditions as laid down under Section 482(2) of BNSS .

(S. B. Pd. Singh, J)