Ayesha Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15296 of 2026 Arising Out of PS. Case No.-196 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Ayesha Khatoon W/o Late Kasim Sah Resident of village- Belaganj, P.S.- Gangaur, District- Khagaria 2.
Alisha Khatoon W/o Md. Sattar @ Abdul sattar R/o vill - Islamnagar Olapur Station Road, ward no. 4, P.S.- Gangaur, Distt.- Khagaria 3.
Mobina Khatoon D/o Md. Sattar R/o vill - Islamnagar Olapur Station Road, ward no. 4, P.S.- Gangaur, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hafiz Shahbaz Arif, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2026 At the outset, learned counsel for the petitioners prays for and is allowed to withdraw anticipatory bail application of petitioner no.2, Alisha Khatoon. The same is dismissed as withdrawn.
2. Heard the parties.
3. The petitioner no. 1, Ayesha Khatoon and petitioner no.3, Mobina Khatoon are apprehending arrest in connection with Khagaria P.S. Case No. 196 of 2025 instituted under Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of BNS lodged on 19.06.2025 by the informant, Raziya Khatoon.
4. As per the prosecution story, the informant alleged
2/4 that after abuse, the accused persons entered the Court yard and assaulted the informant with iron hammer and iron rod caused hole on her head as also fracture on the hip. This led to the FIR.
5. Learned counsel for the petitioners submit that the entire family have been implicated. All are ladies and main allegation is against Md. Amzad that he gave hammer blow on the informant on the right hip which led to the fracture.
6. Learned APP opposes the prayer submitting that the allegation has been made against the accused persons which include these petitioners as also Md. Anzal.
7. Considering the submissions of the parties though allegation is there, so far as the petitioner no.1 and petitioner no.3 namely Ayesha Khatoon and Mobina Khatoon are concerned, the injuries inflicted by them have not been found to be grievous in nature, the petitioner no.1 is 70 years old while petitioner no.3 is a college going student, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
8. Let the petitioner no.1 and petitioner no.3 namely Ayesha Khatoon and Mobina Khatoon be released on bail, in the event of their arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on
3/4 furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Khagaria P.S. Case No. 196 of 2025 to the satisfaction of learned District and Additional Sessions Judge-III, Jamui subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner no.1 and petitioner no.3 namely Ayesha Khatoon and Mobina Khatoon who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) The petitioner no.1 and petitioner no.3 namely Ayesha Khatoon and Mobina Khatoon shall be appearing before the police station as and when required for cooperating in the investigation;
(iii) the petitioner no.1 and petitioner no.3 namely Ayesha Khatoon and Mobina Khatoon shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iv) the petitioner no.1 and petitioner no.3 namely Ayesha Khatoon and Mobina Khatoon shall in no way try to
4/4 induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner no.1 and petitioner no.3 namely Ayesha Khatoon and Mobina Khatoon shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Rajiv Roy, J) Ravi/- U T