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Patna High Court

AFSANA KHATOONversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.30358 of 2025(7) dt.09-02-2026
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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.
Patna High Court CR. MISC. No.30358 of 2025(7) dt.09-02-2026
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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
Patna High Court CR. MISC. No.30358 of 2025(7) dt.09-02-2026
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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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