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Patna High Court

Rehana KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated bond and conditions.

Summary

Rehana Khatoon applied for anticipatory bail after being implicated in a murder case (Tiyar P.S. Case No. 07 of 2026) where the informant alleged she had called co‑accused to assault the victim. The prosecution alleged that several persons assaulted and killed the informant’s husband, and the only charge against Rehana was that she placed a phone call to the assailants. The petitioner’s counsel argued that she is innocent, has no criminal record, and is a mother of three minor children. The State opposed the bail, but the court noted the lack of prior criminal antecedent and the minimal nature of the allegation. Consequently, the court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

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

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • murder
  • women's rights
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29896 of 2026
                         Arising Out of PS. Case No.-7 Year-2026 Thana- TEYAR District- Bhojpur
                 ======================================================
                 Rehana Khatoon W/o- Tahir Khan @ Farid khan R/v- Uterdahan Ps- Tiyar
                 Dist- Bhojpur, A/P- Bisen Tola Jagdishpur Ps- Jagdishpur Dist- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Lovely Kumari, Adv
                                                  Ms. Ayushi Choudhary, Adv
                 For the Opposite Party/s :       Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   06-05-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends her arrest in connection

                   with Tiyar P.S. Case No. 07 of 2026, registered for the offence

                   punishable under Sections 103, 3(5) of B.N.S.

                                 3. The case of the prosecution, in short, as per the

                   informant is that on 06.02.2026 at about 06:00 pm while the

                   informant's husband was praying at Mahavir Asthan, in the

                   meantime, Dhudhalil Mahto and Yogendra Mahto came there

                   and started abusing and assaulting the informant's husband. On

                   halla, informant went there and pacify the matter with the help

                   of neighbour. She further alleged that on 07.02.2026 at about

                   10:00 O'clock while the informant was returning from natures
Patna High Court CR. MISC. No.29896 of 2026(2) dt.06-05-2026
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          call and going to her house then Rehana Khatoon. Dhudhali

          Mahto, Mukesh Kumar, Mira Devi started assaulting the

          informant with lathi and danda. On halla, informant's husband

          came there to save her then Yogendra Mahto. Suraj Kumar,

          Dhudhali Mahto, Mukesh Kumar, Mira Devi and Saraswati

          Kumari started assaulting the informant's husband with lathi and

          danda and killed the informant's husband.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. She

          further submits that the petitioner has falsely been implicated in

          the present case due to previous enmity. The petitioner has no

          concern with the alleged occurrence or with the other accused

          persons. The petitioner has no criminal antecedent.

                        5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                        6. The only allegation against the petitioner is that she

          gave a call to the co-accused person to assault the informant.

          The petitioner is a lady with three minor children and having no

          criminal antecedent. Considering all these aspects of the matter,

          this Court is inclined to grant privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, named above, in the event of her
          Patna High Court CR. MISC. No.29896 of 2026(2) dt.06-05-2026
                                                      3/3




                    arrest or surrender before the Court below within four weeks

                    from today, 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 A.C.J.M.-VII, Bhojpur at

                    Ara in connection with Tiyar P.S. Case No. 07 of 2026, subject

                    to the conditions laid down under section 482(2) of the

                    Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to the

                    further condition that:-

                                 (i)    the     petitioner      shall    co-operate   in   the

                    investigation/trial.

                                 (ii) the learned Court would, however, verify the

                    criminal antecedent of the petitioner and in case it is found that

                    the petitioner has concealed his criminal antecedent, the Court

                    below shall take step for cancellation of bail bond of the

                    petitioner. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
kiran/-

U


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