Rajiya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56400 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- ATRI District- Gaya ====================================================== 1.

Rajiya Khatoon W/o Md. Guljar Resident of village- Surajpur, P.O.- Khanpur, PS- ATRI, District- Gaya 2.

Subi Khatun W/o Mohammad Sahabuddin Resident of village- Surajpur, P.O.- Khanpur, PS- ATRI, District- Gaya 3.

Sadruddin @ Md. Sadruddin S/o Late Raji Haidar Resident of villageSurajpur, P.O.- Khanpur, PS- ATRI, District- Gaya 4.

Md. Sahabuddin @ Md. Saahab @ Saahabuddin S/o Md. Sadru @ Sadruddin @ Md. Sadruddin Resident of village- Surajpur, P.O.- Khanpur, PS- ATRI, District- Gaya 5.

Md. Asif Uddin @ Md. Asif @ Asifuddin S/o Md. Sahabuddin @ Md. Saahab Resident of village- Surajpur, P.O.- Khanpur, PS- ATRI, DistrictGaya 6.

Md. Sahid @ Md. Shahid S/o Md. Sadruddin @ Mohammad Sadruddin @ Sadruddin Resident of village- Surajpur, P.O.- Khanpur, PS- ATRI, DistrictGaya 7.

Md. Imran Uddin @ Md. Imran @ Imranuddin S/o Md. SahabUddin @ Md. Sahab @ Mohammad Sahabuddin @ Sahabuddin Resident of villageSurajpur, P.O.- Khanpur, PS- ATRI, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakib Ayaz, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Atri P.S. Case No. 160 of 2025, dated 01.05.2025, lodged under Sections 126(2), 127(2), 115(2), 117(2), 352, 351(2), 74, 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

Patna High Court CR. MISC. No.56400 of 2025(2) dt.27-08-2025 2/3

3. As per the prosecution, FIR has been lodged against 15 named accused persons, including the present petitioners, in which a specific allegation has been made against Md. Rehan, stating that he assaulted the informant and others with a farsa, causing injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that both parties are adjacent neighbours and are well known to each other. He also submits that a dispute arose over a petty issue in the morning itself, for which the petitioners' side lodged Atri P.S. Case No. 143 of 2025. Upon receiving this information, the informant lodged Atri P.S. Case No. 160 of 2025, based on a concocted story, with a view to defend himself in connection with Atri P.S. Case No. 143 of 2025. He further submits that the criminal antecedents of all the petitioners are clean, except for petitioner No. 1, against whom one criminal case is pending, in which she is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that the specific allegation is against one co-accused, Md. Rehan, who is not a petitioner in the present case.

6. As such, in the present facts and circumstances of

Patna High Court CR. MISC. No.56400 of 2025(2) dt.27-08-2025 3/3 this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M. IVth Gaya, in connection with Atri P.S. Case No. 160 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U