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Patna High Court

Munni Khatoon @ Sajida BanoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond of Rs.10,000 and two sureties.

Summary

Munni Khatoon (Sajida Bano) was named in an FIR for assault with a knife that resulted in the death of the informant's husband. The petition contended that the actual stabbing was carried out by co‑accused Md. Soni Ansari and Md. Sikandar Ansari, and that she merely held the deceased, asserting her innocence and clean antecedent. She applied for anticipatory bail fearing arrest under Sections 126(2), 118(2), 109(1), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The State opposed the bail, but the court noted the nature of the accusation, the petitioner’s gender, and her clean record. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties. The order directed that if arrested within eight weeks, the petitioner be released on bail subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault with knife
  • clean antecedent
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12245 of 2026
                     Arising Out of PS. Case No.-473 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Munni Khatoon @ Sajida Bano Daughter of Late Jamaludin Ansari Resident
                 of Village- Bhaluhipur Mirachak, Ps- Ara Town, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Akanksha Malviya, Mr. Akash Keshav,
                                                  Ms. Naina Nancy, Advocates
                 For the Opposite Party/s :       Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-04-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 118(2), 109(1),

                   103(1), 3(5) of the Bharatiya Nyaya Sanhita.

                                 3. As per F.I.R., this petitioner along with other

                   accused persons is alleged to have assaulted the husband of

                   informant and others by means of knife.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. From

                   perusal of the F.I.R. it is apparent that co-accused Md. Soni

                   Ansari and Md. Sikandar Ansari stabbed the husband of

                   informant with knife and this petitioner is only alleged to have

                   caught hold of the deceased. Similarly situated co-accused,
              Patna High Court CR. MISC. No.12245 of 2026(2) dt.09-04-2026
                                                          2/2




                        namely, Zarina Ansari has already been granted anticipatory bail

                        by this Court vide order dated 28.01.2026 passed in Cr. Misc.

                        No. 1682 of 2026.              Petitioner is lady and claims clean

                        antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of her arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, Bhojpur at Ara in connection with Ara Town P. S.

                        Case No. 473 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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