Created by Fuzzy Cloud

Patna High Court

Daniya Karisma @ Daniya KarishmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, given the delay in filing the FIR, the nature of the allegation and the fact that a co‑accused had been granted anticipatory bail, the petitioner is entitled to bail subject to bond and surety conditions.

Summary

The petitioner, Daniya Karisma, sought bail fearing arrest in a case involving alleged threats, assault and sexual offences under IPC and the POCSO Act. The prosecution alleged that the petitioner threatened the victim on 15‑08‑2022, while the defence argued the FIR was lodged after a long delay, was motivated by personal vendetta, and contained inconsistent victim statements. The defence also highlighted that a co‑accused facing identical charges had been granted anticipatory bail by a coordinate bench. The State opposed bail, citing the specific accusation and the petitioner’s prior criminal antecedents. Considering the delay, the nature of the allegation, and the precedent of anticipatory bail to the co‑accused, the court ordered bail for the petitioner subject to a bond, sureties and conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Harish Kumar.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations of threatening the victim under IPC and POCSO provisions.
  • Whether the delay in filing the FIR and the grant of anticipatory bail to a co‑accused justify granting bail to the petitioner.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • delay in FIR
  • false implication
  • IPC
  • POCSO Act
  • BNSS
  • threat
  • sexual assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39108 of 2026
                      Arising Out of PS. Case No.-19 Year-2026 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 Daniya Karisma @ Daniya Karishma Wife of Sahid Ali, Daughter of
                 Khurshid Anwar @ Md Khurshid Anwar @ Md Jawed Choudhary Resident
                 of Mohalla- Chaudhriyana, Near Masjid, Tari Mohalla, P.S.- Ara Town,
                 District- Bhojpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Miss X D/o- Md. Shamshad Resident of Mohalla- Chaudhriyana, P.S.- Ara
                 Town, District- Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jagjit Roshan, Adv.
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No.19 of 2026 registered for the offences

                   punishable under Sections 341, 323, 376, 506/34 of the Indian

                   Penal Code and Sections 4 and 8 of the POCSO Act.

                                3. Based upon the written report, the prosecution

                   alleges that sometime in the year 2022, co-accused Faiz Alam @

                   Sikander allegedly molested the victim and thereafter threatened

                   her with dire consequences. It is further alleged that on

                   15.07.2022, the brother of Faiz Alam @ Sikander, namely,

                   Prince @ Harun Iqbal, also subjected the victim to sexual
Patna High Court CR. MISC. No.39108 of 2026(2) dt.17-06-2026
                                            2/4




          assault. The prosecution further alleges that on 02.04.2026,

          when the entire matter was brought to the notice of the family

          members of the aforesaid accused persons, the present

          petitioner, who happens to be their sister, allegedly threatened

          the victim with dire consequences.

                       4. Learned Advocate for the petitioner, taking this

          Court through the FIR, contended that the alleged occurrence

          took place on 11.06.2022 and further on 15.07.2022. The victim

          was working as a domestic help in the family and subsequently,

          owing to disputes and animosity between the husband of the

          petitioner and his brothers, the present FIR has been instituted

          with an ulterior motive to settle personal score. Moreover, even

          if the allegation is taken to be true for the sake of argument, so

          far as the petitioner is concerned, it is only alleged that she had

          threatened the victim long back on 15.08.2022, and the present

          FIR has been instituted on 12.04.2026. In such circumstances,

          the possibility of false implication and deliberation in lodging

          the prosecution case cannot be ruled out. It is further contended

          that the co-accused against whom there is identical allegation of

          causing threat to the victim is concerned, he has been extended

          the privilege of anticipatory bail by a coordinate Bench of this

          Court in Criminal Miscellaneous No. 38241 of 2026. It is next
Patna High Court CR. MISC. No.39108 of 2026(2) dt.17-06-2026
                                            3/4




          contended that although the statements of the victim were

          recorded under Sections 180 and 183 of the BNSS, there are

          material inconsistencies therein and moreover the entire

          criminal prosecution appears to be mala fide and suffers from

          non-application of mind, inasmuch as despite the coming into

          force of the Bharatiya Nyaya Sanhita, 2023 with effect from

          01.07.2024, the present FIR has been registered under the

          provisions of the Indian Penal Code.

                       5. On the other hand, learned Advocate for the State

          opposed the bail application and submitted that there is a

          specific accusation against the petitioner of causing threat to the

          victim, besides she being a woman is facing four criminal

          antecedent.

                       6. At this juncture, learned Advocate for the petitioner

          submits that out of four criminal cases, in two of them the police

          submitted final form showing the petitioner as innocent, and the

          remaining two cases were instituted by the full brother of the

          petitioner's husband, on which the petitioner is on bail.

                       7. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the delay in lodging of the FIR, coupled with the nature of the

          allegation and the fact that the co-accused person having
              Patna High Court CR. MISC. No.39108 of 2026(2) dt.17-06-2026
                                                          4/4




                        identical allegation has been allowed the privilege of

                        anticipatory bail, let the above named petitioner, be released on

                        bail, in the event of his arrest or surrender before the learned

                        Court below within a period of four weeks from today, on

                        furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Exclusive Special Court of POCSO Act-cum-District &

                        Additional Sessions Judge-VI, Bhojpur at Ara in connection

                        with Mahila P.S. Case No.19 of 2026, subject to the condition as

                        laid down under Section 482(2) of the BNSS, with further

                        condition that one of the bailors shall be the own/close family

                        members of the petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.