Anwari Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32601 of 2025 Arising Out of PS. Case No.-414 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== 1.
Anwari Khatoon W/O Late Samsul Mian Resident of Village- Harpurwa, P.S- Jogapatti, District- West Champaran.
2.
Shabana Khatoon W/O Dilmohammad @ Pappu Ansari Resident of VillageHarpurwa, P.S- Jogapatti, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharad Kumar Verma, Adv.
For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard Learned Counsel for the petitioners, Learned APP for the State, counsel for the informant.
2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioners who apprehend their arrest in connection with Jogapatti P.S. Case No.414 of 2024, for the offences punishable under Sections 126(2), 115(2), 109/ 3(5) of the BNS, 2023.
3. As per the prosecution, FIR has been lodged against 3 named accused persons including the present petitioners against whom there is allegation that they have assaulted the
Patna High Court CR. MISC. No.32601 of 2025(3) dt.13-08-2025 2/3 informant due to which injury has been caused and admitted to hospital.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that both petitioners are mother and wife of accused No.1. He further submits that petitioner No.1 is mother-in-law and petitioner No.2 is sautan of the informant. He further submits that it is admitted that marriage of petitioner No.2 was solemnized with accused, namely, Dilmohammad 8 years back and thereafter marriage has taken place with the informant.
5. Counsel submits that the criminal antecedent of the petitioners is clean. He further submits that due to family dispute, scuffling took place and injury has been caused to the mother-in-law of the informant.
6. Counsel for the informant vehemently opposes the prayer for bail and submits that it is a family matter and compromise has taken place between them and they are not interested to pursue this matter.
7. Learned APP for the State opposes the prayer for bail of the petitioners.
8. As such, in the present facts and circumstances of
Patna High Court CR. MISC. No.32601 of 2025(3) dt.13-08-2025 3/3 this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M, West Champaran at Bettiah in connection with Jogapatti P.S. Case No.414 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T