Firoj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8808 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- Geedha District- Bhojpur ====================================================== 1.

Firoj Alam, S/o Late Sharif Ansari 2.

Najiya Khatun, W/o Firoj Alam Both are Resident of Village-Khesarahiyan, Police Station- Gidha, Dist.- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2025 At the outset, learned counsel appearing for the petitioners seeks permission to withdraw the application regarding prayer for bail of petitioner no.1 namely, Firoj Alam as to surrender before the court below.

2. In view of aforesaid submission, the prayer for bail of petitioner no.1, namely, Firoj Alam stands dismissed as withdrawn for the present.

3. Now, the petition survives only with regard to petitioner no.2, namely, Najiya Khatun.

4. The accused/petitioner no.2 is named in the FIR and apprehending her arrest in connection with Gidha P.S. Case No.178 of 2024 registered under Sections 127(1), 352,

Patna High Court CR. MISC. No.8808 of 2025(2) dt.07-03-2025 2/3 115(2), 351(2), 75, 3(5), 303(2) and 109 of the Bhartiya Nayay Sanhita (in short 'BNS').

5. Allegation against the petitioner is to assault the informant and other family members by using iron rod, etc. causing head and bodily injuries, where assault was made with intention to cause their death. The occurrence is alleged to be arising out of neighbourhood disputes and differences, where informant was alleged to practice as daain.

6. It is submitted by learned counsel appearing for petitioner no.2 that the allegation of physical assault causing grievous injury on the head of informant is available against co-accused, Firoz Alam, whereas the allegation against petitioner is appearing very much general and omnibus, who is lady of clean antecedent.

7. Learned APP opposed the prayer of bail.

8 In view of the above-mentioned facts and circumstances and by taking note of fact as allegation qua physical assault against petitioner no.2, namely Najiya Khatun appears very much general and omnibus, accordingly, the petitioner No.2, namely, Najiya Khatun is directed to be

Patna High Court CR. MISC. No.8808 of 2025(2) dt.07-03-2025 3/3 released on bail, in the event of her arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Arrah in connection with Gidha P.S. Case No.178 of 2024, 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