Patna High Court
Rehana Praveen @ Rehna ParveenversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 103(1), 3(5)
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
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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
2/2
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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