Shama Perween @ Shama Parween v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39291 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- PAHARKATTA District- Kishanganj ====================================================== 1.

Shama Perween @ Shama Parween D/o Shaukat Ali @ Md Shaukat Ali R/o Fulbari, P.s.- Paharkatta, Dist.- Kishanganj 2.

Humera @ Umera Khatoon W/o Shaukat Ali @ Md Shaukat Ali R/o Fulbari, P.S.- Paharkatta, Dist.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard Mr. Dilip Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Paharkatta P.S. Case No. 107 of 2024 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109(1), 74, 352, 351(2) and 3(5) of the BNS.

3. As per the allegation made in the F.I.R., the petitioners along with other co-accused assaulted the husband of the informant with an intention to kill, in which the husband of the informant sustained injury.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have committed no offence as alleged. The allegation levelled

Patna High Court CR. MISC. No.39291 of 2025(2) dt.16-07-2025 2/2 against the petitioners is not specific rather general and omnibus. Due to previous enmity, by drawing a false case, they have been made accused on the basis of frivolous accusation.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made against the petitioners to be general and omnibus, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Kishanganj / Concerned Court in connection with Paharkatta P.S. Case No. 107 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T