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2025 DAILYLAW 35481 (PAT)

Rajiya Khatoon @ Razia Khatun v. The State of Bihar

CR. MISC./26861/2025 · 2025-08-05

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26861 of 2025 Arising Out of PS. Case No.-903 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== 1. Rajiya Khatoon @ Razia Khatun W/O Guddu Alam R/O Mohanpur, Bagheji, P.S- Barauli, Disttt.- Gopalganj, Pin Coe- 841405. 2. Gudiya Khatoon @ Guddia Khatoon W/O Shahrukh Alam R/O Village- Mahamda, P.O- Mahamda Bazar P.S- Mohammadpur, Distt.- Siwan. 3. Ashma Begum @ Ashma Begam W/O Md Aziz R/O Amarpura, P.S- Mohammadpur, Disttt.- Gopalganj. 4. Md Aziz @ Mahamad Ajij S/O Md Hadish R/O Amarpura, P.S- Mohammadpur, Disttt.- Gopalganj. 5. Firoz Khan @ Firoj Alam S/O Md Aziz R/O Amarpura, P.S- Mohammadpur, Disttt.- Gopalganj. 6. Javed Akhatar @ Javed Akhter S/O Md Aziz R/O Amarpura, P.S- Mohammadpur, Disttt.- Gopalganj. ... ... Petitioner/s Versus 1. The State of Bihar 2. Ruchi Kumari W/O Tabrej Alam, D/O Rajesh Pandey R/O Village- Kukubhuka, P.O- Manikpur, P.S- Town, Distt.- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abu Bakar, Adv. For the State : Mr. Chandra Sen Prasad Singh, APP For the Informant : Mr. Nafisuzzoha, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 05-08-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing for the informant. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 376, 313, 341, 342, 504, 506/34 of the Indian Penal Code and Section 4 of the POCSO Act. Patna High Court CR. MISC. No.26861 of 2025(3) dt.05-08-2025 2/3 3. The allegation in the FIR is that co-accused Tabrez Alam had forcibly established physical relationship with the informant by concealing his religion and was even blackmailing her and the entire family members of co-accused Tabrez Alam have also been made accused in the present case. 4. Learned counsel appearing on behalf of the petitioners submits that it would be clear from the FIR itself that the thrust of the allegation is on co-accused Tabrez Alam @ Sameer Sehgal and the petitioners are all his married sisters, mother, father and brothers. Co-accused Tabrez Alam @ Sameer Sehgal and the informant were in a consensual relationship with each other and only upon some misunderstanding, the present case came to be lodged making the petitioners also an accused. 5. The present position as confirmed by learned counsel appearing for the informant also is that the informant and co- accused Tabrez Alam have performed marriage and are staying together as husband and wife and this fact would be evident from Annexure-3 which is a compromise petition and Annuexure-4 which is the certificate of marriage. 6. Considering the above-mentioned facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners who have no criminal Patna High Court CR. MISC. No.26861 of 2025(3) dt.05-08-2025 3/3 antecedent. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Gopalganj Town P.S. Case No. 903 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. divyanshi/- (Soni Shrivastava, J) U T