Md Kalim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28286 of 2025 Arising Out of PS. Case No.-367 Year-2024 Thana- PIPRA District- Supaul ====================================================== 1.
Md Kalim Son of Late Md Marhum Akram @ Marhoom Akram Resident of Village- Thumha Ward No. 06, P.S.- Pipra, Disrict- Supaul 2.
Jubeda Khatoon Daughter of Md Kalim Resident of Village- Thumha Ward No. 06, P.S.- Pipra, Disrict- Supaul 3.
Maimun Khatoon @ Maimoon Khatoon Wife of Md. kalim Resident of Village- Thumha Ward No. 06, P.S.- Pipra, Disrict- Supaul ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr Amarnath Singh, Advocate Mr.Kamal Kishore Singh, Advocate For the Opposite Party/s :
Mr.Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Petition for pre-arrest bail of petitioner no.2 is dismissed as withdrawn.
2. Heard learned counsel for the petitioners no. 1 and 3 and the State.
3. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 118(1), 117(2), 74, 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution case, on dated 07.12.2024 at about 02:00 P.M., these petitioners came at the house of the informant and started abusing her and on objection, Kalim
Patna High Court CR. MISC. No.28286 of 2025(3) dt.07-08-2025 2/3 Miyan exhorted and dashed the informant on the ground and also torn her clothes. When the father of the informant Md. Mujebul came there to save her, then accused Kalim Miyan took out a knife and assaulted him on his head, however he sustained injury on his hand and one of his finger was completely chopped off. Petitioner no.2 Jubeda Khatoon and petitioner no.3 Maimun Khatoon also assaulted the informant and her father on their head and nose by stick thereby the neck of his father was fractured. When the local persons were gathered there then all the accused persons ran away from there taking away cash of Rs.25,000/- and clothes from the house of the informant.
5. It is submitted on behalf of the petitioners no. 1 and 3 that parties are co-villagers and quarrel took place over a petty dispute in which both sides sustained injuries. Petitioner no. 1 and 3 are alleged to have caused injury to father of informant but it is uncertain to assess that who caused the fracture injury.
6. In the facts of the case, prayer for bail of petitioner no.1 is refused since he caused grievous injury to the father of the informant.
7. However, prayer for bail of petitioner no.3 is allowed. In the event of arrest/surrender within eight weeks from today, let this petitioner, mentioned above, be enlarged on
Patna High Court CR. MISC. No.28286 of 2025(3) dt.07-08-2025 3/3 bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Supaul in Pipra Police Station Case No. 367/2024, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) shashi/- U T