Gullsan Khatun @ Gullsan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67906 of 2025 Arising Out of PS. Case No.-275 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== 1.
Gullsan Khatun @ Gulshan, Wife of Muslim Miya, 2.
Muslim Miya, son of Nashruddin Ansari @ Nashrudin Ansari, Both are Resident of Village - Kashayee Tola, Ward No. 14, P.S.- Sugauli, Dist- East Champaran 3.
Irfan Ansari @ Irfan Ahmad, son of Late Kasim Ansari @ Late Yunush Ansari @ Late Yanush Ansari, Resident of Village - Bangra, Ward no. 20, P.S.- Sugauli, Dist- East Champaran.
... ... Petitioners
Versus
1.
The State of Bihar 2.
Nabina Khatoon, W/o Inus Ansari, resident of Village - Bangra, Ward No. 20, P.S. - Sugauli, Dist. - East Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Madhurendra Kumar, Advocate For the State :
Mr. Pranav Kumar, APP For the Informant :
Mr. Rajeev Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-11-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for the informant.
2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Sugauli P.S. Case No.275 of 2025 registered under Sections 126(2), 127(2), 115(1), 123, 65(1), 303(2) read with 3(5) of the
Patna High Court CR. MISC. No.67906 of 2025(3) dt.13-11-2025 2/3 Bhartiya Nyaya Sanhita, 2023 (in short 'BNS') as well as Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act').
3. As per FIR, the brother of petitioners after committing offence upon informant aged about 16 years dropped her at the residence of petitioner no.1 and 2.
4. Considering the submissions as nothing incriminating against petitioner nos. 1 and 2 by informant/victim while recording her statement under Section 183 of the Bhartya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS') and their implication is only for the reason that they are sister and brother-in-law of main co-accused Guddu Ansari and further, the petitioner no.3 was not even named by informant/victim through aforesaid statement, accordingly, all above-named three petitioners are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on 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., Motihari, East Champaran in connection with Sugauli
Patna High Court CR. MISC. No.67906 of 2025(3) dt.13-11-2025 3/3 P.S. Case No.275 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short ('CrPC')/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Sanjeet/- U T