Patna High Court
Rehana KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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
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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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