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Patna High CourtCR. MISC./3814/2025bail granted

Nazira Khatoon @ Najra Khatoon v. The State Of Bihar

2025-02-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3814 of 2025 Arising Out of PS. Case No.-69 Year-2024 Thana- MAHILA P.S. District- Kishanganj ====================================================== 1.

Nazira Khatoon @ Najra Khatoon, Wife of Late Amiruddin, Resident of Village- Chagalia, Ward No. 08, P.S. and District- Kishanganj 2.

Shabir @ Sabir, Son of Late Amiruddin, Resident of Village- Chagalia, Ward No. 08, P.S. and District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard Mr. Ram Prawesh Kumar, learned counsel appearing on behalf of the petitioners and Mr. Rajendra Nath Jha, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Kishanganj Mahila P.S. Case No. 69 of 2024 registered under Sections 126(2), 115(2), 109(1), 76, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. As per the allegation made in the FIR, the coaccused persons, including the petitioners, had assaulted the informant, who is daughter-in-law of the petitioner no.1 and sister-in-law of the petitioner no.2. Injuries are grievous in nature.

Patna High Court CR. MISC. No.3814 of 2025(2) dt.12-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. Specific allegation is against the co-accused Md. Sabbir. General and omnibus allegations have been levelled against the petitioners. The petitioners have clean antecedent. On these grounds, the petitioners seek to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that general and omnibus allegations have been levelled against the petitioners, who are having clean antecedent, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 69 of 2024, subject to the condition as laid down under Section

Patna High Court CR. MISC. No.3814 of 2025(2) dt.12-02-2025 3/3 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T