Husnara @ Husnera Begam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89568 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Husnara @ Husnera Begam W/o Mujahir Alam Resident of village - Barijan ward no. 2, P.S.- Kochadhaman, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-01-2026 Heard Mr. Amal Kumar Sinha, learned counsel for the petitioner and Mr. Satyendra Prasad, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Kochadhaman P.S. Case No. 203 of 2025, F.I.R. dated 17.05.2025 for the offences punishable under Sections 126(2), 115(2), 303(2), 109(1), 351(2), 352, 3(5) of the B.N.S.

3. According to prosecution case, petitioner and other co-accused persons on account of petty dispute, assaulted the informant by fist, leg, lathi and danda. They also assaulted him with brick upon his head. When his brother and other family members came to save him, they were also assaulted with lathi, danda.

Patna High Court CR. MISC. No.89568 of 2025(2) dt.12-01-2026 2/3

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R., itself it appears that there is no specific allegation of assault or overt act against the petitioner rather the allegation are general and omnibus. There is delay of two days in lodging the F.I.R. and there is no plausible explanation for such delay.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Kishanganj in connection with Kochadhaman P.S. Case No. 203 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of

Patna High Court CR. MISC. No.89568 of 2025(2) dt.12-01-2026 3/3 BNSS, 2023 and with other following conditions: i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ranjeet/- U T