Patna High Court
Nasra Parween @ Nasara PraveenversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner, subject to a bond, sureties, and the continuation of the maintenance payment.
Summary
The petitioner, Nasra Parween, sought relief fearing arrest in a criminal case (PS Case No. 559 of 2024) involving alleged assault under several sections of the Bihar Narcotic Substances Act, 2023. She contended that she was falsely implicated and pleaded innocence. The petition also highlighted that a maintenance order directing payment of Rs. 15,000 to the second opposite party was already being complied with. The High Court examined whether bail could be granted under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Narcotic Substances Act, 2023, and considered the continuation of the maintenance obligation as a condition. Finding no substantive reason to deny bail, the Court allowed the application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to continue the maintenance payments. The order also directed the lower court to dispose of any pending maintenance proceedings within three months.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) CrPC and Section 482 BNSS pending trial for the offences alleged in PS Case No. 559 of 2024.
- Whether the continuation of the maintenance payment to the opposite party should be imposed as a condition of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- Criminal Procedure
- Section 438
- Section 482
- maintenance order
- false implication
- assault
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90048 of 2025
Arising Out of PS. Case No.-559 Year-2024 Thana- DIGHA District- Patna
======================================================
Nasra Parween @ Nasara Praveen W/o Late Syed Hassan Resident Of
Baitulfaizan, 160 B Kaghliya Toli, Patna City, P.s.- Khajaekalan, District-
Patna
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR PATNA
2. Sadiya Sarf D/O Md. Sarfuddin R/O Vill.- Pillar No. 97, Baskothi, Masjid
Gali, P.S.- Digha, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asshar Mustafa
Mr.Rahil Firdaush
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
Ms. Eashita Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 18-06-2026 Heard the parties.
2. The petitioner apprehends her arrest in
connection with Digha P.S. Case No. 559 of 2024 registered for
the offence under Sections 115(2), 126, 351(2), 352, 85, 109
read with Section 3(5) of the BNS, 2023.
3. As per the prosecution case, the petitioner,who
is the mother-in-law of the victim along with others are accused
of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and she has falsely
been implicated in this case. He further submits that the interim
Patna High Court CR. MISC. No.90048 of 2025(5) dt.18-06-2026
2/3
maintenance which was directed by this Court to be paid to the
opposite party no. 02 vide order dated 04.02.2026, is being paid
to the opposite party no. 02.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Digha P.S. Case No. 559 of 2024,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
7. As a condition of this order, family of the
petitioner will continue paying the maintenance amount of Rs.
15,000/- to the opposite party no. 02 till the final disposal of the
maintenance proceedings, if any.
8. It is made clear that if any maintenance
proceedings is pending before the Principal Judge, Family
Court, Patna then the same shall be disposed of within three
months from the date of this order.
9. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.90048 of 2025(5) dt.18-06-2026
3/3
Principal District and Sessions Judge, Patna through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.