Shaifun Nisha @ Saifunisha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29231 of 2025 Arising Out of PS. Case No.-59 Year-2022 Thana- ISUAPUR District- Saran ====================================================== 1 .
Shaifun Nisha @ Saifunisha wife of Jauwad Ansari Village- and Post- Ram Chaura, Ps- Ishwarpur, Dist- Saran 2.
Md. Zina Ansari @ Jeena Ansari @ Zina Ansari son of Jauwad Ansari Village- and Post- Ram Chaura, Ps- Ishwarpur, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Miss Rishika, Advocate Miss Harshita, Advocate Mr. Aslam Ansari , Advocate Mr. Brajesh Sahay, Advocate Mr. Rananjay Kumar , Advocate For the Opposite Party/s :
Mr. Arun Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 143, 147, 323, 324, 307, 354, 379 and 504 of the Indian Penal Code . 3 . As per the prosecution case , on 26.03.2022 at about 7:30 PM, when informant was weeping for her son, in the meantime , all the accused persons including these petitioners armed variously came at her door and started abusing. Upon protest, co-accused Jauwad Ansari assaulted on the neck of informant with sword due to which she sustained injury . When
Patna High Court CR. MISC. No.29231 of 2025(2) dt.14-05-2025 2/3 son of informant came to rescue , then petitioner No. 2 assaulted him with farsa due to which he sustained head injury . It is further alleged that when family members came to save them, then all the accused persons assaulted them with lathi, danda and rod.
4. It is submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case merely because petitioners have a shop of Kirana and when they did not provide any article to informant on credit, this false case has been lodged. Though, petitioner No. 2 is alleged to have assaulted son of informant by farsa but there is no injury report on record to substantiate the allegation of assault. Police after investigation submitted final form and differing with the same Court below has taken cognizance against petitioners. Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts, clean antecedent of these petitioners and 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
Patna High Court CR. MISC. No.29231 of 2025(2) dt.14-05-2025 3/3 the like amount each to the satisfaction of the learned Judicial Magistrate Chapra District Saran in connection with Ishuapur P .S. Case No. 59 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T