Hasbul Khatoon @ Hasbul Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84684 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== 1.
Hasbul Khatoon @ Hasbul Khatun S/o- Md. Akhatar @ Md. Akhatr Resident of Village and P.S.- Baheri, Dist- Darbhanga 2.
Md. Saddam S/o- Md. Akhatar @ Md. Akhatr Resident of Village and P.S.- Baheri, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-12-2025 Heard Mr. Saurav Anand, learned counsel for the petitioner and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Baheri P.S. Case No. 252 of 2025 for the offence punishable under sections 191(2), 190, 126(2), 115(2), 118(1), 109(1), 76, 329(4), 351(2), 352 of the BNS lodged on 17.06.2025 by the informant.
3. As per the prosecution case, the allegation against the petitioners is that they along with other accused persons have trespassed the house of the informant and assaulted the informant and her family members by means of hockey stick, iron rod, Farsa and dagger. It is further alleged that the accused
Patna High Court CR. MISC. No.84684 of 2025(2) dt.24-12-2025 2/3 persons also tried to outrage her prestige. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that there is a case and counter case between the parties and the husband of petitioner no.1, namely, Md. Akhtar has lodged a case bearing Baheri PS Case No. 254/2025 against the informant of the present case. The injuries sustained by the informant and her family members are simple in nature and the allegation against petitioners are general and omnibus in nature. There is specific allegation of overt-act against one co-accused, namely, Md. Rahman who is said to be on regular bail.
5. Learned APP opposes the prayer for anticipatory bail.
6. Considering the fact that there is a case and counter case between the parties as stated above and the injuries are simple in nature and there is no specific allegation against these petitioners, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VII,
Patna High Court CR. MISC. No.84684 of 2025(2) dt.24-12-2025 3/3 Darbhanga in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Ajit Kumar, J) perwez U T