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Patna High Court

Nayama Khatoon @ Nayma KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioners, three women from Babupur village, sought anticipatory bail fearing arrest in a criminal case (Manihari P.S. Case No. 280 of 2024) that alleged they assaulted an informant, her husband and son, resulting in the husband’s death. The prosecution charged them under several sections of the Bhartiya Nyaya Sanhita, 2023, while the petitioners contended that no specific overt act was alleged against them and that the allegations were general and false. They emphasized their lack of criminal antecedent and that both parties were agnates of the informant. The State opposed the bail. The Court, after considering the lack of specific allegations and the petitioners’ circumstances, granted anticipatory bail subject to surrender within six weeks, a bail bond of Rs.15,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the allegations against the petitioners are sufficiently specific to deny bail.
  • Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this circumstance.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • assault
  • Bhartiya Nyaya Sanhita
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 482
  • Section 191(3)
  • Section 115(2)
  • Section 126(2)
  • Section 118(1)
  • Section 109
  • Section 103(1)
  • Section 352

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41199 of 2025
                      Arising Out of PS. Case No.-280 Year-2024 Thana- MANIHARI District- Katihar
                 ======================================================
           1.     Nayama Khatoon @ Nayma Khatoon W/o- Badruddin @ Md. Badruddin
                  Resident of village- Babupur PS- Manihari District- Katihar
           2.    Momina Khatoon D/o- Badruddin @ Md. Badruddin Resident of village-
                 Babupur PS- Manihari District- Katihar
           3.    Tanjira Khatoon D/o- Badruddin @ Md. Badruddin Resident of village-
                 Babupur PS- Manihari District- Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh, A.P.P.
                                                  Mr. Md. Musooir, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   05-02-2026                  Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Manihari P.S. Case No. 280 of 2024 instituted for the

                   offences under Sections 191(3), 115(2), 126(2), 118(1), 109,

                   103(1), 352 of the Bhartiya Nyaya Sanhita, 2023.

                               3. As per prosecution case, the accusation against the

                   accused persons including the petitioners are of assaulting the

                   informant, her husband and her son by means of lathi and farsa,

                   leading to the death of informant’s husband in course of his

                   treatment.
Patna High Court CR. MISC. No.41199 of 2025(4) dt.05-02-2026
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                      4. Learned counsel for the petitioners submits that the

          petitioners are innocent and has committed no offence as alleged

          against them and have falsely been implicated in the present

          case. There is a case and counter case between the parties. There

          is no specific or direct allegation of any overt act against the

          petitioners rather the same is general and omnibus in nature.

          Both the parties are none else but own agnates of the Informant

          namely Abbu Tahir. The Informant in her re-statement recorded

          in Para-5 of the case diary has given exactly same statement as

          given in the F.I.R. and in both the statements, the informant has

          not made any specific allegation of any overt act against the

          petitioners. It has been submitted on behalf of the petitioners

          that petitioners are ladies and they have no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the petitioner above named, in the event of

          arrest/surrender before the learned Court below within a period

          of six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

          with two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Manihari P.S.
           Patna High Court CR. MISC. No.41199 of 2025(4) dt.05-02-2026
                                                       3/3




                     Case No. 280 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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