Aabra Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76538 of 2025 Arising Out of PS. Case No.-423 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== 1.

AAbra Khatun Wife of Ajumullah Sah Resident of Village - Ratauli, P.S. - Basantpur, Dist. - Siwan.

2.

Santaj Sah S/o Ajumullah Sah Resident of Village - Ratauli, P.S. Basantpur, Dist. - Siwan.

3.

Imtayaj Sah @ Intiyaj Son of Ajumullah Sah Resident of Village - Ratauli, P.S. Basantpur, Dist. - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner No. 1 is a woman, and the informant alleges that he was standing at the shop of his grandfather, when accused persons including the petitioners came and started assaulting him, further his brother came to save him, who was also assaulted by farsa causing

Patna High Court CR. MISC. No.76538 of 2025(2) dt.01-12-2025 2/3 injury on head, further informant also received injury on head and the injured were taken to hospitals, where Imtiyaz and Santaz assaulted him on his head and Riyaz and Ansar assaulted his brother by sword causing injury on head.

4.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners and the informant are agnates and are having dispute relating to land and from the side of the petitioners, Basantpur, PS Case No. 422 of 2025 has been instituted against the informant and his side, as such the instant FIR is a counterblast. It is also submitted that even the injury suffered by the injured is simple in nature, and the blow is not alleged to have been repeated, and petitioners are not criminal.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.76538 of 2025(2) dt.01-12-2025 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Basantpur P.S. Case No. 423 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T