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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59957 of 2025 Arising Out of PS. Case No.-461 Year-2024 Thana- DARAUNDA District- Siwan ======================================================
1. Samina Khatoon W/O Md. Aliyash Resident of Vill.- Katwaar, P.S.- Daraundha, Dist.- Siwan
2. Md. Raja S/O Md. Aliyash Resident of Vill.- Katwaar, P.S.- Daraundha, Dist.- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam, Advocate For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 11-09-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109(1), 352(2) and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a woman and the informant alleges that his brother Md. Aliyash along with his wife and son came and Md. Aliyash assaulted him by sword causing injury on his head. Thereafter, petitioner no. 1 assaulted the informant by farsa causing injury on his cheek. Further, petitioner no. 2 assaulted him by lathi causing injury on his shoulder and Md. Aliyash also assaulted
Patna High Court CR. MISC. No.59957 of 2025(2) dt.11-09-2025 2/3 Ali Abbas by sword who fell down and on intervention of the villagers they were saved and the injured were taken to the hospital.
4. Learned counsel for the petitioners submits that petitioner no. 1 is wife of Md. Aliyash and petitioner no. 2 is their son. It is further submitted that informant and Md. Aliyash are own brothers and are having dispute relating to property. It is next submitted that it was Md. Aliyash who assaulted the informant and Ali Abbas but then informant falsely implicated the petitioners being wife and son of Md. Aliyash so that Md. Aliyash is coerced into submission. It is also submitted that petitioner no. 2 is a young boy aged about 19 years and if he is sent to judicial custody his entire career would be jeopardized and chances are bright that he may come in contact with the hardened criminals. It is submitted that no doubut against the petitioner no. 2, it is alleged that he assaulted the informant by lathi on his shoulder causing injury which has been opined to be grievous but then the said allegation has been alleged only with a view to implicate the entire family members. It is further submitted that petitioners will not abscond rather with cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.59957 of 2025(2) dt.11-09-2025 3/3 anticipatory bail of the petitioners.
6. Considering the submissions and taking into
consideration the fact that petitioner no. 1 is a woman and petitioner no. 2 is a young boy aged about 19 years, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Daraundha P.S. Case No. 461 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.
Kundan/- (Satyavrat Verma, J) U T