Salhin Begum @ Ladli v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59983 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- GAUNAHA District- West Champaran ====================================================== 1.
Salhin Begum @ Ladli W/o Md. Munirul Haque @ SK. Ekbal R/o VillageMadhopur, PS- Gaunaha, Dist- West Champaran 2.
Asaf Praveen @ Asaf Ikbal D/o Manirul Haque @ Sk. Ekbal R/o VillageMadhopur, PS- Gaunaha, Dist- West Champaran 3.
Sadab Praveen @ Falak Ikbal D/o Manirul Haque @ Sk. Ekbal R/o VillageMadhopur, PS- Gaunaha, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Nath Jha, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP For the Informant :
Mr. Bimlesh Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State, Mr. Rabindra Kumar and the learned counsel appearing on behalf of the informant, Mr. Bimlesh Kumar Pandey.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 118(1) and 103(1) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and the informant alleges that she along with some of her family
2/4 members had gone to the filed, when accused persons came and Adnan, Ayan, Aman Kamal, Adnan Kamal and Dolar stabbed her son causing injury on his abdomen, further Imranul, Shabnam and Kyamuddin Kamal assaulted her brother Basim by lathi and knife causing injury on head, thereafter Nazir, Firoz and Ekbal stabbed Basim in his abdomen and also cut his two fingers, thereafter, accused fled and injured were taken to hospital, but her son died on the way.
4. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that informant is an eye witness to the occurrence and has given a vivid description of the occurrence. It is further submitted that from perusal of the allegations as alleged in the Fir, it would manifest that specific allegation of assaulting her son and brother is against the named accused persons. It is also submitted that there is no specific allegation of assault against the petitioners. It is further submitted that petitioners are female members of the family, as such, they also came to be implicated.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners. The learned counsel appearing on behalf of the informant is not in a position to rebut
3/4 the submission of the learned counsel appearing on behalf of the petitioners that no specific allegation of assault is alleged against the petitioners, but then submits that process under Section 82 Cr.P.C has been issued against the petitioners on 29.08.2025. The said submission of the learned counsel appearing on behalf of the informant is rebutted by the learned counsel appearing on behalf of the petitioners and submits that from perusal of the order impugned, it would manifest that the same is dated 05.08.2025 and after the anticipatory bail application of the petitioners were rejected thereafter they moved before this Court on 18.08.2025 i.e. much before the process under Section 82 Cr.P.C. was issued. It is next submitted that the purpose of issuing process under Section 82 Cr.P.C. is to ensure presence of the accused before the Court and not to aid the police in the investigation. It is also submitted that petitioners were availing their remedies available in law, as such, it cannot be alleged that petitioners were absconding.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
4/4 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gaunaha P.S. Case No. 67 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T