Patna High Court
Ruksana Khatun @ Rukhsana KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners subject to a bond and sureties, citing the settlement and the provisions of Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, Ruksana Khatun and Kamre Rai, feared arrest in a criminal case (Laheriasarai PS Case No. 274 of 2025) alleging assault under several sections of the Bihar Negotiable Instruments Act. They contended they were falsely implicated and that the matter had been settled between the parties with no injury to the victim. The petitioners applied for bail, invoking the settlement and their claim of innocence. The learned counsel argued that the settlement justified release. The High Court, considering the settlement, allowed the bail application, directing the petitioners to furnish a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the settlement between the parties warrants the grant of bail under Section 438 CrPC and Section 482 of the BNSS.
- Whether the alleged false implication and lack of injury justify release pending trial.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115, 126(2), 140(3), 303(2), 3(5), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- settlement
- Criminal Procedure
- Section 438
- Section 482
- Bihar Negotiable Instruments Act
- assault
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90920 of 2025
Arising Out of PS. Case No.-274 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
1. Ruksana Khatun @ Rukhsana Khatun W/o- Kamre Rain @ Md. Kamre Rain
Resident of Village- Mohiuddinpur Pakri, P.S.- Alinagar, Dist- Darbhanga
2. Kamre Rai @ Md. Kamre Rain S/o- Raja @ Raja Rain Resident of Village-
Mohiuddinpur Pakri, P.S.- Alinagar, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Laheriasarai P.S. Case No. 274 of 2025
registered for the offence under Sections 126(2), 115, 352,
303(2), 140(3), 3(5) of the BNS Act.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
there is no injury on the victim, as alleged and the matter has
Patna High Court CR. MISC. No.90920 of 2025(2) dt.28-01-2026
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also been settled between the parties.
5. Considering the settlement between the parties,
this application is allowed.
6. Let the petitioners, above named, in the event of
their 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 learned CJM,
Darbhanga/concerned Court below in connection with
Laheriasarai P.S. Case No. 274 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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