Patna High Court

Roma Khatoon @ Rama KhatoonversusThe State of Bihar

Decided: 21 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

In the absence of a specific overt act against the petitioners and considering their clean record and humanitarian factors, the Court held that bail may be granted subject to conditions.

Summary

The petitioners, Roma Khatoon and Mo Sabina Khatoon, were implicated in a case where 26 accused allegedly assaulted an informant’s family, resulting in the death of Sattar Ansari. They contend they have no criminal antecedent, were not specifically identified in any overt act, and one is a mother of two infants, seeking bail to avoid arrest under Sections 189(2), 126(2), 115(2), 103(2) and 109 of the Bharatiya Nyaya Sanhita. The State opposed the bail application. The High Court examined the nature of the allegations, the petitioners’ gender, clean record, and humanitarian considerations. Finding no specific incriminating act against them, the Court ordered bail with a bond of Rs 10,000 each and two sureties, to be surrendered within six weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail should be granted to the petitioners accused under Sections 189(2), 126(2), 115(2), 103(2) and 109 of the Bharatiya Nyaya Sanhita given the facts of the case

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482
Bharatiya Nyaya Sanhita — s. 103, 109, 115, 126, 189

Subjects

bail
criminal procedure
women defendants
assault
homicide
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4811 of 2026
                    Arising Out of PS. Case No.-133 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
           1.     Roma Khatoon @ Rama Khatoon Wife of Abdul Ansari @ Abdul Ansari
                  Resident Of Naya Dhubi Tola P.s- Basopatti District -Madhubani
           2.    Mo Sabina Khatoon @ Samina Daughter of Abdul Ansari @ Abdul Ansari
                 Original Resident of village- Harlakhi, Ps- Harlakhi, Dist- Madhubani
                 Resident Of Naya Dhubi Tola P.s- Basopatti District -Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Fahad Khurshid, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   21-04-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 189(2), 126(2), 115(2), 103(2) and

                   109 of Bharatiya Nyaya Sanhita.

                                 3. As per the prosecution case, 26 accused persons

                   including the petitioners assaulted the informant and his family

                   members with lathi, danda, farsa, sword, due to which they

                   sustained injuries and one Sattar Ansari died while he was being

                   rushed to D.M.C.H.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4811 of 2026(4) dt.21-04-2026
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          petitioners are innocent and have falsely been implicated in the

          present case. Further submission is that there is no specific overt

          act alleged against the petitioners. Allegation is general and

          omnibus in nature. Petitioners are women having no criminal

          antecedent. Petitioner no. 2 having two children, one is infant of

          one and a half year and another one is two months old. The

          charge-sheet has been filed against the petitioner no. 2.

          Petitioner no. 1 undertakes to cooperate in the investigation and

          trial, wherein petitioner no. 2 undertakes to cooperate in the

          trial.

                          5. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.

                          6. Having considered the facts and circumstances

          of the case, submissions of learned counsel for the parties,

          nature of allegation and petitioners are women having no

          criminal antecedent, let the above named petitioners 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 bonds of Rs.10,000/- (Rupees Ten Thousand)

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

          of learned Judicial Magistrate-I, Madhubani in connection with

          Basopatti P.S. Case No. 133 of 2025, subject to the conditions as
            Patna High Court CR. MISC. No.4811 of 2026(4) dt.21-04-2026
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                      laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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