Patna High Court
Jasimun @ Jasimun NishaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court grants anticipatory bail to the petitioner subject to a Rs 30,000 bond and conditions under Section 2(1)(d) of the B.N.S.S., 2023 and Section 482(2) of the CrPC.
Summary
The petitioner, Jasimun Nisha, a 58‑year‑old woman, was named in an FIR for assaulting an informant with an iron rod, alleged under Sections 191(2), 126(2), 127(2), 109(1), 75 and 352 of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, stating that both parties are relatives and that a case‑and‑counter‑case exists, with a compromise petition already filed. The State opposed bail, but the court noted the compromise and the petitioner’s clean antecedent. The High Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 under Section 2(1)(d) of the B.N.S.S., 2023 and subject to conditions under Section 482(2) of the CrPC. The trial court was instructed to verify any criminal antecedent and cancel the bail if concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 191, 126, 127, 109, 75 and 352 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of a compromise petition between the parties affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 126(2), 127(2), 191(2), 2(1)(d), 352, 75
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- assault
- compromise petition
- Bharatiya Nyaya Sanhita
- Criminal Procedure
- bail bond
- domestic dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15769 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- JALE District- Darbhanga
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Jasimun @ Jasimun Nisha wife of Jamsaid Nadaf @ Jamsaid @ Md. Jamshed
Resident of village- Chhoti Mahuli PS- Jalley Dist -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Jalley P.S. Case No. 228 of 2025 lodged on 29.11.2025, for
the offence punishable under Sections 191(2), 126(2), 127(2),
109(1), 75 & 352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
seven named accused persons including the present petitioner. It
has been alleged in the FIR that the petitioner has assaulted the
informant by iron rod on his head due to which, injury has been
caused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that both the parties are relatives and well known to
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each other. He submits that for the same date and place of
occurrence, there are case and counter case from both the sides.
Subsequently, due to intervention of the well wishers, a
compromise petition has been filed which is annexed as
Annexure-P/3 series. Counsel further submits that the petitioner
is a lady aged about 58 years, having clean antecedent and she is
ready to fulfill all the conditions whatsoever shall be imposed
upon her.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that from the record, it
transpires that for the same date and place of occurrence, there
are case and counter case from both the sides and subsequently,
a compromise petition has also been filed between the parties.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Additional Chief Judicial Magistrate-V,
Darbhanga, in connection with Jalley P.S. Case No. 228 of
2025, subject to the conditions as laid down U/s 482(2) of the
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B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about her
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioner. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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