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Patna High Court

Rehana Praveen @ Rehna ParveenversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Rehana Praveen, sought regular bail in a case registered under Sections 103(1) and 3(5) of the BNS for the alleged murder of her husband. The prosecution alleged that several accused, including Abu Nasar (the petitioner's fiancé), killed the husband, but the FIR did not specifically allege any overt act by the petitioner. The petitioner’s counsel highlighted her lack of criminal antecedents, her custody since 30‑09‑2024, and the fact that a co‑accused had already been granted bail. The State opposed the bail application. After hearing both sides, the court found the petitioner's case stronger and ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 103(1) and 3(5) of the BNS despite being named in the FIR without a specific allegation of an overt act.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • BNS
  • Section 103
  • Section 3
  • no criminal antecedent
  • FIR
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84603 of 2025
                   Arising Out of PS. Case No.-9 Year-2024 Thana- JOGBANI RAIL P.S. District- Katihar
                 ======================================================
                 Rehana Praveen @ Rehna Parveen Daughter of Md Mustaque Wife of Late
                 Md. Parwej @ Md. Parwej Alam, Resident of Village - Bhotariya, P.S. -
                 Amour, District – Purnea.                             ... ... Petitioner/s
                                               Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Singh, Advocate
                                                  Mr. Nadimul Hasan, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1) and

                   3(5) of the BNS.

                                 3. The case of the prosecution, in short, is that Abu

                   Nasar, Md. Jawed, Md. Mushtaque, Devi Marjeena and Md.

                   Kareem have killed the husband of the petitioner. It is also

                   alleged that Abu Nasar is the fiance of the petitioner.

                                 4. Learned counsel for the petitioner submits that

                   from perusal of the FIR itself it is clear that there is direct

                   allegation against Abu Nasar and Md. Jawed that they have

                   assaulted with knife and iron rod. Learned counsel for the

                   petitioner has submitted that there is no allegation of any overt

                   act against the petitioner in the FIR. It has further been
            Patna High Court CR. MISC. No.84603 of 2025(2) dt.10-02-2026
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                      submitted that she has lost her husband and she has been made

                      accused in this case. Learned counsel for the petitioner has

                      submitted that the petitioner is having no criminal antecedent

                      and she is languishing in judicial custody since 30.09.2024. It

                      has further been submitted that Abu Nasar was having allegation

                      of killing the husband of the petitioner and he has been granted

                      bail by learned Co-ordinate Bench vide Cr. Misc. No. 40181 of

                      2025. The case of this petitioner stands on better footing.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Jogbani Rail P.S. Case No. 09 of 2024 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned District and

                      Additional Sessions Judge-II, Katihar.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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