Abdul Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27941 of 2025 Arising Out of PS. Case No.-53 Year-2024 Thana- MAHILA P.S. District- Kishanganj ====================================================== 1 .
Abdul Rahman S/o Late Sarfoodin R/o vill - Baluadangi, P.O. - Mahesh Bathna, P.S.- Terhagach, Distt.- Kishanganj 2.
Shajjad Alam @ Sajjad S/o Abdul Rahman R/o vill - Baluadangi, P.o. - Mahesh Bathna, P.s.- Terhagach, Distt.- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Mohammed Arif , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 109 (1) , 74, 76 303 ( 2 ) and 3 (5) of the BNS. 3 . As per F.I.R., on 01.08.2024 , all the F.I.R., named accused persons including these petitioners entered the house of informant and assaulted informant and her husband as a result of which 2 months old pregnancy of informant was terminated.
4. It is submitted on behalf of the petitioners that due
Patna High Court CR. MISC. No.27941 of 2025(2) dt.07-05-2025 2/3 to dispute over partition of ancestral property between both the parties a simple occurrence of quarrel took place between them. It is further submitted that prior to the institution of present case one Mahila P S Case No. 34 of 2019 dated 03.09.2019 was lodged, in which cognizance has been taken against husband of informant vide order dated 12.07.2022 and thereafter, informant lodged this false and concocted case against these petitioners to save their skin from the aforesaid case . There is no injury report on record to support the allegation of miscarriage . Allegation of assault is general and omnibus against these petitioners.
5 . Learned counsel for the State oppose the bail petition .
6 Considering the fact that allegation of assault is general and omnibus against these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate Kishanganj in connection with Mahila P.S. Case No. 53 of 2024 , subject to the conditions laid down under
Patna High Court CR. MISC. No.27941 of 2025(2) dt.07-05-2025 3/3 section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T