Shahin Parveen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39213 of 2025 Arising Out of PS. Case No.-325 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== 1.
Shahin Parveen W/O Md. Anish Resident of Shahganj, Khet Colony, P.S.- Sultanganj, District- Patna 2.
Muskan @ Muskan Praveen D/O Mohammad Anish Resident of Shahganj, Khet Colony, P.S.- Sultanganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishna Jha, Adv.
For the Opposite Party/s :
Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard Mr. Raj Krishna Jha, learned counsel for the petitioners and Mrs. Pronoti Singh, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sultanganj P.S. Case No. 325 of 2024 instituted for the offence under Sections 109, 307, 3(5), 34, 126(2), 341, 115(2), 323 of the B.N.S., 2023.
3. The case of the prosecution is that the informant came out of his house and heard a noise of falling some heavy object. He found that his brother namely, Samir was lying in the lane in a pool of blood. After this, the informant raised an alarm. The victim was referred to Mediversal Hospital,
Patna High Court CR. MISC. No.39213 of 2025(2) dt.01-07-2025 2/3 Kankerbagh due to his serious condition. Thereafter, the informant checked the mobile of his brother and he came to know that he was on talking terms with one Muskan Parveen. It is further alleged that the family members of Muskan have called the brother of the informant and they had assaulted him badly and after assaulting him badly, they have thrown him from the roof of a house.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that the occurrence is of 27.07.2021, whereas, the FIR was filed on 05.08.2024, i.e., after a delay of eight days and the delay is not explained. It has also been submitted that the story which has been created by the informant is only on the basis of details of the mobile of his brother, he himself has not seen the occurrence. From perusal of the impugned order, it transpires that the injury report was not produced before the trial court and the victim namely, Samir is still under treatment at NMCH, Patna. Petitioners are ladies. Petitioner No. 1 is Shahin Parveen (mother of Muskan) and petitioner No. 2 is Muskan @ Muskan Praveen. It is further submitted that a statement has been made in para-3 of this
Patna High Court CR. MISC. No.39213 of 2025(2) dt.01-07-2025 3/3 petition that the petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sultanganj P.S. Case No. 325 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T