Gulshan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15428 of 2026 Arising Out of PS. Case No.-239 Year-2025 Thana- SINGHWARA District- Darbhanga ====================================================== 1.
Gulshan Khatoon W/o Chetu Nadaf R/o Village- Mohanpur, Ward no.7, P.S.- Singhwara, District- Darbhanga 2.
Phooto Khatoon W/o Hasnain @ Husnain Nadaf R/o Village- Mohanpur, Ward no.7, P.S.- Singhwara, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Narain Mallik, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners who apprehend arrest in connection with Singhwara P.S. Case No. 239/2025 lodged on 07.09.2020, for the offences punishable under sections 126(2), 115(2), 109, 303(2), 329(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged against four named accused persons, including the petitioner. It is alleged therein that accused Hasnain Nadeef cut the mango tree of the informant. Upon protest being made, all the accused persons allegedly entered the house of the informant, armed with iron rods, swords, and dandas, and assaulted him. It is
Patna High Court CR. MISC. No.15428 of 2026(2) dt.25-03-2026 2/3 further alleged that the accused persons snatched a gold mangalsutra from the wife of the informant and gold earrings from the mother of the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is submitted that from the allegations, it is clear that the parties are adjacent neighbours and well known to each other. Learned counsel further submits that for the same date and place of occurrence, there is a case and counter-case between the parties. Moreover, the allegations are not specific in nature but are general and omnibus. The petitioners have clean antecedents
5. Learned APP for the State opposes the prayer for bail.
6. In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned ACJM-VII, Darbhanga, in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha
Patna High Court CR. MISC. No.15428 of 2026(2) dt.25-03-2026 3/3 Sanhita, 2023.
7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the trial Court shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Dr. Anshuman, J) Ashwini/- U T