Md. Chhotu @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57772 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- KASBA District- Purnia ====================================================== 1.
Md. Chhotu @ Chhotu Son of Lal Mohammad R/O Village - Madarghat Ward No.- 11/20, P.S.- Kasba, District - Purnea (Bihar) 2.
Lal Mohammad Son of Late Gafar Ali @ Jafar Ali R/O Village - Madarghat Ward No.- 11/20, P.S.- Kasba, District - Purnea (Bihar) 3.
Rehana Khatun @ Rihana Khatoon Wife of Lal Mohammad R/O Village - Madarghat Ward No.- 11/20, P.S.- Kasba, District - Purnea (Bihar) 4.
Nasbbma Khatun @ Nasima Begum @ Nasima Wife of Md. Chunna @ Chunna @ Md. Chun R/O Village - Madarghat Ward No.- 11/20, P.S.- Kasba, District - Purnea (Bihar) 5.
Nasrin Khatoon @ Nasareen Khatoon Wife of Md. Chhotu @ Chhotu R/O Village - Madarghat Ward No.- 11/20, P.S.- Kasba, District - Purnea (Bihar) 6.
Chunna @ Md. Chunna @ Md. Chun Son of Lal Mohammad R/O Village - Madarghat Ward No.- 11/20, P.S.- Kasba, District - Purnea (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the State :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-12-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Kasba P.S. Case No. 128 of 2025 registered for the offence under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the B.N.S., lodged on 10.05.2025 by the informant, Ajmeri Khatoon.
3. As per the prosecution story, the informant alleged that she was called to her matrimonial home by mother-in-law
2/4 through one Kadir, on arrival, allegation is that Md. Chhotu and Lal Mohammad (petitioner no.1 and 2 respectively) caught hold of her hair and hand while other accused caught hold of the leg and mouth and on the instruct of Lal Mohammad, Md. Chunna(petitioner no.6) gave grievous throat injury with her knife. She was shifted to hospital where was treated, this followed the F.I.R.
4. Learned counsel for the petitioners submit that it is a family affair in which exaggerated F.I.R. has been lodged, now all the family members are before this Court.
5. Learned APP opposes the prayer submitting that specific allegation has been made against petitioner no.1, 2 and 6 namely Md. Chhotu @ Chhotu, Lal Mohammad and Chunna @ Md. Chunna @ Md. Chun.
6. Taking into account the submissions of the parties as also the materials on record, no relief can be extended to petitioner no.1, 2 and 6 namely Md. Chhotu @ Chhotu, Lal Mohammad and Chunna @ Md. Chunna @ Md. Chun, their anticipatory bail application stands rejected.
7. So far as the petitioner no.3, 4 and 5 namely Rehana Khatun @ Rihana Khatoon, Nasbbma Khatun @ Nasima Begum @ Nasima and Nasrin Khatoon @ Nasreen
3/4 Khatoon respectively are concerned, they are female inmates, one of them is only 20 years old, have no criminal antecedent, allegation is there, they shall be facing the trial, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
8. Let the petitioner no.3, 4 and 5 namely Rehana Khatun @ Rihana Khatoon, Nasbbma Khatun @ Nasima Begum @ Nasima and Nasrin Khatoon @ Nasreen Khatoon be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Kasba P.S. Case No. 128 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner no.3, 4 and 5 namely Rehana Khatun @ Rihana Khatoon, Nasbbma Khatun @ Nasima Begum @ Nasima and Nasrin Khatoon @ Nasreen Khatoon who shall provide official document to show his/her bona fide; (ii) the petitioner no.3, 4 and 5 namely Rehana Khatun @ Rihana Khatoon, Nasbbma Khatun @ Nasima Begum @ Nasima and Nasrin Khatoon @ Nasreen Khatoon
4/4 shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner no.3, 4 and 5 namely Rehana Khatun @ Rihana Khatoon, Nasbbma Khatun @ Nasima Begum @ Nasima and Nasrin Khatoon @ Nasreen Khatoon shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner no.3, 4 and 5 namely Rehana Khatun @ Rihana Khatoon, Nasbbma Khatun @ Nasima Begum @ Nasima and Nasrin Khatoon @ Nasreen Khatoon shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
(Rajiv Roy, J) vinayak/- U T