Patna High Court
Sayeda Begum @ Sayeda KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioner is entitled to bail, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Sayeda Begum, sought bail after being implicated in a case under Sections 126(2), 115(2), 117(2), 109(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita for allegedly abusing and assaulting an informant, causing a simple injury. She contended that the allegations were false, arising from a family dispute, and that she had no prior criminal record. The State opposed the bail application. The court examined the nature of the allegations, the petitioner’s clean antecedent, and her willingness to cooperate with the investigation. Considering these factors, the court granted bail on the condition of a Rs.10,000 bond with two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and the nature of the alleged injury justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- false implication
- family dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3870 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- BIBIGANJ District- Kishanganj
======================================================
Sayeda Begum @ Sayeda Khatoon W/O Safik Alam Resident of village -
Dubritola Kalpir, P.S.- Bibiganj District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered under Sections 126(2), 115(2), 117(2), 109(1), 352
and 351(2) of the Bharatiya Nyaya Sanhita.
3. It is alleged that petitioner abused and assaulted
the informant, as a result of which, informant sustained injury.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to family dispute.
Further submission is that petitioner is a Sautan of the
informant. The injury to the injured is simple in nature.
Petitioner has got no criminal antecedent and she undertakes to
cooperate in the investigation and trial.
Patna High Court CR. MISC. No.3870 of 2026(3) dt.19-03-2026
2/2
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation against the petitioner and clean antecedent, let the
above named petitioner be released on bail, in the event of arrest
or surrender before the learned court below within a period of
six weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-II, Kishanganj in connection with Bibiganj P.S. Case
No. 15 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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