Sitara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17878 of 2025 Arising Out of PS. Case No.-153 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

Sitara Khatoon Wife of Mehdi Hasan @ Md. Mehdi Hasan village- ward no. 1, Phaphot, Ps- Khodawanpur, Dist- Begusarai 2.

Mehdi Hasan @ Md. Mehdi Hasan Son of Late Md. Jaheer @ Jaheer village- ward no. 1, Phaphot, Ps- Khodawanpur, Dist- Begusarai 3.

Md. Dastgir @ Jaheer son of Late Md. Jaheer village- ward no. 1, Phaphot, Ps- Khodawanpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swati Parmar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2025

1. Learned Counsel for the petitioners is permitted to correct the age of petitioner no. 1 mentioned in the petition in course of the day.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. This application, for grant of anticipatory bail, arises out of Khodawandpur Police Station Case No. 153 of 2024, dated 29.11.2024, disclosing offences punishable under Sections 126(2)/115/352/109/74/303(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023.

4. The prosecution case, as per the First Information Report,

Patna High Court CR. MISC. No.17878 of 2025(2) dt.08-04-2025 2/3 is that on 26.11.2024, in the afternoon, when the informant went to collect water from the water tap, the petitioners, along with others, pulled her down, abused her and assaulted her, due to which she sustained injury.

5. Learned Counsel for the petitioners submits that both the parties are closely related to each other and the petitioner no. 1 is the sister-in-law (gotni) of the informant. The injury sustained by the informant is simple in nature, as would be evident from the impugned order. Both parties have entered into compromise. She further submits that from perusal of the impugned order, it appears that the statement of the informant was recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has stated that she does not want to proceed with the case as it is a family dispute.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioners is general and omnibus in nature, both parties are closely related and injury sustained by the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

Patna High Court CR. MISC. No.17878 of 2025(2) dt.08-04-2025 3/3

7. This application is, accordingly, allowed.

8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawandpur Police Station Case No. 153 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √