Created by Fuzzy Cloud

Patna High Court

Nasra Parween @ Nasara PraveenversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.