Patna High Court
Nayama Khatoon @ Nayma KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 191(3), 352
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
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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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