Shabnam Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62067 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- GAUNAHA District- West Champaran ====================================================== Shabnam Khatoon W/O Mohammad Imranul Haque @ Imranul Haque @ Emranul Hak R/O Ward no. 3, Vill.- Madhopur, P.S.- Gaunaha, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chandra, Adv.
For the Opposite Party/s :
Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2025
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant, Mr. Bimlesh Kumar Pandey.
2. The petitioner apprehends her 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 petitioner submits that petitioner is a person with clean antecedent and is a woman and wife of Md. Imranul Haque and the informant alleges that she along with some of her family 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
2/4 abdomen, further Imranul, Shabnam and Kyamuddin Kamal assaulted her brother Wasim Akhtar by lathi and knife causing injury on head, thereafter Nazir, Firoz and Ekbal stabbed Basim Sah 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 petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of assault against the petitioner is general and omnibus in nature. It is further submitted that since petitioner is wife of Md. Imranul Haque who is alleged to have assaulted Wasim Akhtar along with Kayamuddin, as such, even petitioner was implicated along with them with a view to coerce Imranul into submission, though she was not present at the place of occurrence.
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 petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that petitioner is a person with clean
3/4 antecedent and allegation of assault against her is general and omnibus in nature. The learned counsel appearing on behalf of the informant further submits that process under Section 84 BNSS, has been issued against the petitioner, on which the learned counsel appearing on behalf of the petitioner submits that process under Section 84 BNSS was issued against the petitioner on 29.08.2025 while from the order impugned, it would manifest that the same is dated 05.08.2025 and after the anticipatory bail application of the petitioner was rejected by the learned District Court thereafter petitioner moved before this Court on 18.08.2025 i.e. much before the process under Section 84 BNSS was issued. It is also submitted that petitioner was not absconding rather was availing her remedies available in law.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her 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/- (Rupees Ten Thousand) 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
4/4 under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T