Md. RinkuversusThe State of Bihar

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9182 of 2026
                    Arising Out of PS. Case No.-403 Year-2025 Thana- Sahayak Khajanchi District- Purnia
                 ======================================================
           1.     Md. Rinku S/O Md. Majid R/O Vill.- Madhopara Das Tola, P.S.- Sahayak,
                  District- Purnea
           2.    Md Shahbaz S/O Md. Majid R/O Vill.- Madhopara Das Tola, P.S.- Sahayak,
                 District- Purnea
           3.     Marjina Khatoon W/O Md. Majid R/O Vill.- Madhopara Das Tola, P.S.-
                  Sahayak, District- Purnea
                                                                      ... ... Petitioners.
                                              Versus
                 The State of Bihar.                            ... ... Opposite Party.
                 ======================================================
                 Appearance :
                 For the Petitioners       :        Mr. Ram Prawesh Kumar, Advocate
                 For the State             :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026            Heard learned counsel for the petitioners and learned A.P.P.

                   for the State.

                   2.      At the very outset, Mr. Ram Prawesh Kumar, learned

                   counsel for the petitioners, seeks permission to withdraw this

                   application with regard to petitioner no.2, submitting that during

                   pendency of this application, he has already been apprehended

                   by the police. Further, he prays to withdraw this application

                   with regard to petitioner no.1 also in order to surrender and seek

                   regular bail before the learned Court below.

                   3.     Permission is accorded.

                   4. Accordingly, this application is dismissed as withdrawn with

                   regard to petitioner nos.1 and 2.

                   5. However, if the petitioner no.1 surrenders before the learned
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          Court below within a period of four weeks and seeks regular

          bail, his prayer would be considered by the learned Court

          concerned on its own merit without being prejudiced by this

          withdrawal order.

          6.    Now, this application survives only for petitioner no.3.

          7.    The petitioner apprehends her arrest in a case registered for

          the offences punishable under Sections 126(2), 115(2), 118(1),

          109, 351(2) and 3(5) of the B.N.S.

          8.     Petitioners are said to have assaulted the informant by

          means of knife, iron rod, lathi and danda.

          9.    It is submitted by learned counsel for the petitioners that

          petitioner nos.1 and 2 are step sons, while petitioner no.3 is the

          second wife of the informant. He has further submitted that due

          to family feud the said incident occurred and general and

          omnibus allegation of assault is upon petitioner nos.1 and 2,

          while petitioner no.3 is the order giver. There is one injury

          which is serious in nature but the petitioner no.3 is not the

          author of the said injury. He has further pointed out that a

          compromise has taken place between the parties and the

          informant does not want to pursue the case any further.

          10.         Learned APP for the State opposed the prayer for bail.

          11.         Taking into consideration the facts and circumstances
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                      of the case and also considering the fact that there is no

                      allegation of assault upon petitioner no.3, coupled with the fact

                      that she is a lady and has no criminal antecedent, let the above

                      named petitioner, be released on bail, in the event of her arrest

                      or surrender before the learned Court below within a period of

                      four weeks from today, on furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Court below where the

                      case is pending/successor Court in connection with Sahayak

                      Khazanchi P.S. Case No. 403 of 2025, subject to the condition

                      as laid down under Section 438 (2) of the Cr.P.C/ Section 482

                      (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

                      12.      It is, however, made clear that while considering the

                      regular bail of the petitioner nos.1 and 2, the learned Court

                      below would take into consideration the relationship between

                      the parties and further that the parties have compromised the

                      issue.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T