Shahar Bano v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64045 of 2025 Arising Out of PS. Case No.-231 Year-2024 Thana- BAHADURGANJ District- Kishanganj ====================================================== Shahar Bano S/o Md. Sohail Resident of Kumhar Toli Ruhia Kashibadi, P.S.- Kochadhaman, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-11-2025 Heard the parties.

2. The accused/petitioner is named in the F.I.R. and apprehending her arrest in connection with Bahadurganj P.S. Case No. 231 of 2024 registered for the offences punishable under Sections 64(1), 143(2) and 61(2) of the BNS.

3. As per FIR, the husband of petitioner committed rape upon informant aged about 26 years.

4. Learned counsel appearing on behalf of the petitioner submitted that informant is a major aged about 26 years and she joined company of the husband of petitioner out of her own sweet will. It is submitted that informant came to the house of petitioner with her husband and raised objection to this petitioner to live there jointly with co-accused Md. Sohail with whom informant was in relationship. While concluding the argument

Patna High Court CR. MISC. No.64045 of 2025(3) dt.13-11-2025 2/2 learned counsel submitted that petitioner is a lady of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of aforesaid facts and circumstances and by taking note of the fact as thrust of allegation qua committing rape is available against husband of petitioner, where primarily implication of petitioner appears being wife of main accused as wife, accordingly the petitioner above named who is a lady of clean antecedent, in the event of her arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Kishanganj/concerned trial court where the case is pending in connection with Bahadurganj P.S. Case No. 231 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T