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Patna High CourtCR. MISC./73874/2025allowed

Anwari Khatoon @ Rozida Khatoon v. The State Of Bihar

2025-11-21Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73874 of 2025 Arising Out of PS. Case No.-513 Year-2025 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Anwari Khatoon @ Rozida Khatoon, wife of Md. Alauddin Ansari, Resident of Village- Husauna, Ward No.42, PS and Dist -Sitamarhi 2.

Neha Khatoon, Wife of Md. Ashia, Resident of Village- Husauna, Ward No.42, PS and Dist -Sitamarhi 3.

Nazarana Khatoon, Daughter of Md. Alauddin Ansari, Resident of VillageHusauna, Ward No.42, PS and Dist -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-11-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Sitamarhi P.S. Case No. 513 of 2025, registered for the offences punishable under Sections 8 and 21(c) of the N.D.P.S. Act and Section 132, 262, 263, 109 and 3(5) of the Bharatiya Nyaya Sanhita.

3. The police on a tip off sell of intoxicating medicine conducted a raid, however, noticing the police party, out of four persons, three of them succeeded in fleeing away and one Md.

Patna High Court CR. MISC. No.73874 of 2025(2) dt.21-11-2025 2/3 Aslam was apprehended; on search various intoxicated medicines were recovered. It is further alleged that in the meanwhile, the petitioners alongwith others assembled there and tried to enlarge the co-accused Md. Aslam from the police custody.

4. Learned Advocate appearing on behalf of the petitioners submits that the petitioners are none else but the family members of the co-accused Md. Aslam and when the police apprehended him, they reached there and asked about the reason for apprehension, which led to some altercation and thereby the name of the petitioners have also been implicated in this case, however, without there being any specific accusation. It is further contended that so far Md. Aslam is concerned, he has been extended the privilege of regular bail by this Court in Criminal Miscellaneous No. 79149 of 2025. It is lastly contended that be that as it may, the petitioners are women, having fair antecedent and they claim to be innocent.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioners have tried to obstruct in discharge of the official duty and their complicity of the crime cannot be denied.

6. Regard being had to the submissions made on

Patna High Court CR. MISC. No.73874 of 2025(2) dt.21-11-2025 3/3 behalf of the parties and considering the nature of accusation, besides the fact the petitioners are women having fair antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Sitamarhi in connection with Sitamarhi P.S. Case No. 513 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T