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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80331 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- KAJRAILI District- Bhagalpur ======================================================
1. Mosarrat Khatoon W/O Md. Akram Resident of village Simariya Ward No. 13, Police Station - Kajraili, District- Bhagalpur
2. Md. Akram Son of Late Makral @ Late Makrul Resident of village Simariya Ward No. 13, Police Station - Kajraili, District- Bhagalpur
3. Shabiya Khatoon Daughter of Md. Akram Resident of village- Simariya Ward No. 13, Police Station- Kajraili, District- Bhagalpur
4. Afiya Khatoon Daughter of Md. Akram Resident of village- Simariya Ward No. 13, Police Station- Kajraili, District- Bhagalpur
5. Md. Nematullah @ Md. Niyamatullah Son of Md. Akram Resident of village- Simariya Ward No. 13, Police Station- Kajraili, District- Bhagalpur
6. Ismail Son of Md. Ibrahim Resident of village- Simariya Ward No. 13, Police Station- Kajraili, District- Bhagalpur
7. Md. Danish Son of Md. Anwar Resident of village Harnath, Police Station- Shahkund, District- Bhagalpur
8. Md. Monam @ Asgar Son of Md. Anwar @ Md. Anno Resident of village Harnath, Police Station- Shahkund, District- Bhagalpur
9. Tanweer @ Md. Tanveer Alam Son of Md. Israfil Resident of village- Harnath, Police Station- Shahkund, District- Bhagalpur ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Najmul Hodda, Adv. For the Opposite Party/s : Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 09-12-2025 Heard learned counsel for the petitioners and learned A.P.P. Mr. Ravindra Kumar. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 110, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.80331 of 2025(2) dt.09-12-2025 2/3 petitioner no. 1 and 2 have antecedent of one case and rest of the petitioners are persons with clean antecedent and petitioner no. 1, 3 and 4 are women and the informant alleges that the petitioners on 23.06.2025 at 03:00 P.M. came to her parental house for her bidai, but an altercation took place and Safiya and Afiya dashed her on the ground thereafter Danish, Monam and Tanweer assaulted her brother Afsar causing injury on head.
Further, Danish assaulted Mubarak by hasua causing injury on head, thereafter Monam, Tanweer and Ismail assaulted Arif by bhala causing injury on forehead while Nematullah assaulted her bhabhi by lathi causing injury on head. Accordingly, police was informed and the injured were taken to the hospital. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case being relatives to Sadiq. It is next submitted that the informant is wife of Sadiq and Sadiq has not been made an accused in the instant but then his entire family members has been implicated. It is next submitted that no specific allegation of assault is against petitioner no. 1 and 2 rather specific allegation of assaulting Mubarak is against Danish but then the injury suffered by Mubarak has been opined to be simple in nature as would manifest from Annexure – 3 series. It is further submitted that
Patna High Court CR. MISC. No.80331 of 2025(2) dt.09-12-2025 3/3 rest of the petitioners are also alleged to have assaulted different injured but then the allegation of assault is not specific. It is next submitted that it does not appears probable that petitioners on the eve of bidai of the informant would have committed the occurrence. It is also submitted that the petitioners are not criminals and no useful purpose would be served by sending them to jail in the nature of allegation as alleged in the FIR. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel for the petitioners, 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 Kajraili P.S. Case No. 60 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. Siddharth Soni/- (Satyavrat Verma, J) U T