Salma Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46818 of 2026 Arising Out of PS. Case No.-362 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Salma Khatoon W/o Taukir Alam R/o Village - Santpur, Ward no. 07, Police station - Nautan, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2026 Heard Mr. Brij Kishor Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Nautan P.S. Case No. 362 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 351(2), 352, 3(5) and 118(1) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the allegation made in the FIR, the informant alleged that while she was alone in her house, the accused persons, including the present petitioner, entered her house with the intention to grab her land. It is alleged that coaccused Taukir Alam assaulted the informant on her head with a Farsa, causing grievous injury, thereafter the present petitioner
Patna High Court CR. MISC. No.46818 of 2026(2) dt.22-07-2026 2/3 assaulted the informant with fists and kicks and snatched a gold chain worth Rs.50,000/- from her neck.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case on account of a land dispute between the parties. He submitted that the specific allegation of causing grievous injury with Farsa is against coaccused Taukir Alam and the only allegation against the petitioner is that she assaulted the informant with fists and kicks and allegedly snatched a gold chain. The petitioner has clean antecedents. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and upon perusal of the materials available on record, it appears that the specific allegation of assault with Farsa causing grievous injury is against co-accused Taukir Alam, whereas the allegation against the present petitioner is of assault by fists and kicks and snatching of a gold chain. I am of the opinion that petitioner having clean antecedent has, prima facie, made out a
Patna High Court CR. MISC. No.46818 of 2026(2) dt.22-07-2026 3/3 case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending / Concerned Court in connection with Nautan P.S. Case No. 362 of 2025 , subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T