Patna High Court
AFSANA KHATOONversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, directing the petitioner’s release on bail subject to conditions.
Summary
Afsana Khatoon applied for anticipatory bail in a case involving alleged offences under Sections 302, 328 and 34 of the IPC. An earlier anticipatory bail order dated 11‑09‑2024 was conditioned on the non‑existence of a process under Section 82 of the CrPC, but the informant later claimed such a process had been issued on 14‑12‑2023. The petitioner argued she was unaware of any Section 82 process and had not concealed any fact. The court examined the submissions, noted the petitioner’s lack of knowledge of any summons or warrant, and held that the anticipatory bail could be granted despite the alleged Section 82 process. Accordingly, the court ordered her release on bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether anticipatory bail can be granted when a process under Section 82 CrPC has allegedly been issued against the petitioner.
- Whether the petitioner concealed the existence of the Section 82 process in the earlier bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2), 82
- Indian Penal Code — s. 302, 328, 34
Subjects
- anticipatory bail
- Section 82 CrPC
- IPC offences
- bail conditions
- concealment
- women
- widow
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30358 of 2025
Arising Out of PS. Case No.-509 Year-2023 Thana- BAHADURPUR District- Darbhanga
======================================================
Afsana Khatoon D/O Late Md Moinuddin R/O Vill.- Kharajpur, P.S.-
Bahadurpur, Dist.- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shiv Ganga Yadav S/O Ram Avtar Yadav, R/O Village- Thakaniya, P.S.
Singhwara, Dist. Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
Mr.Sumit Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 09-02-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 302, 328 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
petitioner had earlier approached this Court seeking anticipatory
bail by filing Cr. Misc. No.19868 of 2024 and the same was
allowed by an order dated 11.09.2024, but after anticipatory bail
was granted, the learned counsel appearing on behalf of the
informant made a submission that process under Section 82
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Cr.P.C. has been issued against the petitioner on 14.12.2023 and
concealing the said fact, Cr. Misc. No.19868 of 2024 was filed
as such, this Court after granting anticipatory bail observed that
if it is found that process under Section 82 Cr.P.C. has been
against the petitioner on 14.12.2023, in that event, the
anticipatory bail order dated 11.09.2024 shall not be given effect
to. It is further submitted that since the said submission on
behalf of the informant was made all of a sudden, as such, the
petitioner was not in a position to rebut the said submission, but
later a modification application being Cr. Misc. No.392 of 2025
was filed seeking modification of the order dated 11.09.2024 in
Cr. Misc. No.19868 of 2024 on the ground that informant in Cr.
Misc. No.19868 of 2024 had made a submission that process
under Section 82 Cr.P.C. was issued against the petitioner on
14.12.2023, thereafter on 19.12.2023, the petitioner filed ABP
No.1827 of 2023, but the same was permitted to be withdrawn
by an order dated 22.12.2023 as process under Section 82
Cr.P.C. was issued earlier. Further, the petitioner again filed
ABP No.02 of 2024 which came to be rejected and the said
order in ABP No.02 of 2024 was impugned in anticipatory bail
application i.e. Cr. Misc. No.19868 of 2024. It is next submitted
that the petitioner in the modification application i.e. Cr. Misc.
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No.392 of 2025 brought to the notice of this Court that ABP
No.1827 of 2023 was filed by one Ishrat Khatoon and not by
petitioner and ABP No.1827 of 2023 was not withdrawn on the
ground that process under Section 82 Cr.P.C. has been issued, as
such, notice was issued upon the informant and thereafter, Cr.
Misc. No.392 of 2025 was again taken up on 26.03.2025, when
this Court permitted the petitioner to withdraw the modification
application with liberty to file a fresh anticipatory bail
application in pursuance whereof, the present anticipatory bail
application has been filed.
4. The learned counsel for the petitioner next submits
that the case of the petitioner was considered in detail and on
merit in Cr. Misc. No.19868 of 2024 and the Court being
satisfied of the merits of the case was pleased to grant the
privilege of anticipatory bail to the petitioner by order dated
11.09.2024, but with a condition that if process under Section 82
Cr.P.C. has been issued in that event, the order dated 11.09.2024
in Cr. Misc. No.19868 of 2024 shall not be given effect to. It is
also submitted that in Cr. Misc. No.19868 of 2024, the
informant inadvertently made a submission that ABP No.1827
of 2023 was filed by the petitioner and the same was withdrawn
in view of the fact that process under Section 82 Cr.P.C. has
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been issued, but then, the said ABP was not filed by the
petitioner, but by one Ishrat Khatoon and the same was not
withdrawn on the ground that process under Section 82 Cr.P.C.
has been issued.
5. The said submission of the learned counsel
appearing on behalf of the petitioner is not rebutted by the
learned counsel appearing on behalf of the informant, but then,
it is submitted that process under Section 82 Cr.P.C. against the
petitioner was issued on 14.12.2023, on which the learned
counsel appearing on behalf of the petitioner submits that
petitioner was completely unaware that process under Section
82 Cr.P.C. was issued against her. It is also submitted that
petitioner was never served with any summon or bailable
warrant and all of a sudden, process under Section 82 Cr.P.C.
came to be issued, as such, petitioner was not aware about
issuance of process under Section 82 Cr.P.C.. It is thus
submitted that petitioner, as such, did not intentionally conceal
about issuance process under Section 82 Cr.P.C. in Cr. Misc.
No.19868 of 2024. It is further submitted that petitioner is a
woman and this Court after considering the case on merits was
pleased to grant the privilege of anticipatory bail, but then, the
said order was hatched by a condition which came to be
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recorded after the anticipatory bail was granted and the
petitioner being a widow was not even aware that process under
Section 82 Cr.P.C. has been issued against her as she did not
receive any summon or bailable warrant.
6. After hearing the learned counsel for the parties,
the petitioner, above-named, in the event of her arrest or
surrender before the learned Court below within a period of six
weeks, is directed to be released on bail on her furnishing bail-
bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Bahadurpur P. S. Case No.509 of 2023, subject
to the conditions laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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