Sahabun Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39568 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Sahabun Nesha W/O Alam Saheb Resident Of Village- Ghiwadhar, PSHarsidhi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

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 petitioner who apprehend his arrest in connection with Harsidhi P.S. Case No.67 of 2025 lodged on 08.02.2025, for the offences punishable under Sections 126(2), 127(2), 115(2), 117(2), 103, 351 and 3(5) of the BNS, 2023.

3. As per the prosecution, FIR has been lodged against the six named accused persons including the petitioner with allegation that they have called the husband of the informant at his house. When he reached there then co-accused Saimuddin

Patna High Court CR. MISC. No.39568 of 2025(2) dt.25-06-2025 2/3 and Mashur started assaulting by stick on his head due to which husband of the informant died. It has been alleged that when villagers went to hospital for treatment of her husband, the Doctor declared him dead. Thereafter, accused persons started threatening to the informant for not lodging any case against them.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that only name of the petitioner is there. There is no role of the petitioner. There is also no allegation of act or overt act against her.

5. Counsel further submits that the specific allegation is against Saimuddin and Mashur (co-accused). He further submits that petitioner is a lady aged about 47 years.

6. Counsel submits that the criminal antecedent of the petitioner is clean and ready to fulfill all the conditions whatsoever shall be imposed upon her.

7. Learned APP for the State opposes the prayer for bail and submits that from the bare reading of F.I.R., role of the petitioner is indicated that it is the petitioner and other ladies used to call the informant's husband and upon their call, informant's husband reached there and two named accused

Patna High Court CR. MISC. No.39568 of 2025(2) dt.25-06-2025 3/3 persons have assaulted on the head due to which death has been caused.

8. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T