← Library
Patna High CourtCR. MISC./34386/2025bail granted

Farida Khatoon @ Farida Khatun v. The State Of Bihar

2025-05-22Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34386 of 2025 Arising Out of PS. Case No.-610 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Farida Khatoon @ Farida Khatun D/o Alim Mian Resident of Village - Sahlaur, P.S. - Sarai O.P., District - Siwan 2.

Rabina Khatoon @ Ravina Khatun D/o Alim Mian Resident of Village - Sahlaur, P.S. - Sarai O.P., District - Siwan 3.

Bismillah Khatoon @ Bismila Begum W/o Alim Mian Resident of Village - Sahlaur, P.S. - Sarai O.P., District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2025 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Pachrukhi P.S. Case No. 610 of 2024 for the offence registered under sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2), 3(5) of BNS, 2023.

3. As per the prosecution story, the informant alleged that when the mother-in-law had gone to throw the garbage, after abuse, she was assaulted and when Mumtaz Ali came to rescue, she too was assaulted. The injured were shifted to Sadar Hospital, Siwan, which followed the case.

Patna High Court CR. MISC. No.34386 of 2025(2) dt.22-05-2025 2/3

4. Learned Counsel for the petitioners submit that all of them are ladies having no criminal antecedent, main role is assigned to Asim Miya and Taiyab Miyan, though role of having caught hold is on the accused persons, they undertake to diligently appear in trial.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that on minor issue, the informant side was assaulted.

6. Considering the submissions of the parties as also the fact that the petitioners are ladies having no criminal antecedent, FIR lodged, shall be facing the music, this Court is inclined to grant them the anticipatory bail with conditions.

7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Siwan in connection with Pachrukhi P.S. Case No. 610 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official

Patna High Court CR. MISC. No.34386 of 2025(2) dt.22-05-2025 3/3 document to show his bona fide;

(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T