IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24780 of 2026 Arising Out of PS. Case No.-95 Year-2025 Thana- MANPUR District- West Champaran ====================================================== 1. Hadisha Khatoon W/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 2. Sakim Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 3. Bhulan Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 4. Mokim Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 5. Rojid Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 6. Anjarul Miyan @ Anjarul Alam S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 7. Vigan Khatoon W/o- Sakim Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 8. Salma Khatoon W/o- Mokim Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 9. Khushboon Khatoon W/o- Bhulan Miyan R/v- Laukar Ps- Manpur Dist- West Champaran 10. Moriyam Khatoon W/o- Rojid Miyan R/v- Laukar Ps- Manpur Dist- West Champaran ... ... Petitioners. Versus The State of Bihar. ... ... Opposite Party. ====================================================== Appearance : For the Petitioners : Ms. Harsha Shaswat, Advocate Mr. Sharad Kumar Verma, Advocate For the State : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 30-04-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. At the very outset, Ms. Harsha Shaswat, learned counsel for the petitioners, seeks permission to withdraw this application with regard to petitioner nos.2 to 6 to surrender Patna High Court CR. MISC. No.24780 of 2026(2) dt.30-04-2026 2/3 before the learned Court below and seek regular bail. 3. Permission is accorded. 4. Accordingly, this application is dismissed as withdrawn with regard to petitioner nos.2 to 6. However, if they surrender before the learned Court below and seek regular bail, the same would be considered on their own merits without being prejudiced by this withdrawal order. 5. Now, this application survives only for petitioner nos.1 and 7 to 10. 6. The petitioner nos.1 and 7 to 10 apprehend their arrest in a case registered for the offences punishable under Sections 85, 103, 351(2), 352/3(5) of the B.N.S. and Section ¾ of the Dowry Prohibition Act. 7. The sister of the informant is said to have been killed by the petitioners by assaulting her by means of lathi and danda. 8. It is submitted by learned counsel for the petitioners that so far as these petitioners i.e. petitioner nos.1 and 7 to 10 are concerned, they are all family members and there are general and omnibus allegations of causing death of the deceased. However, it is pointed out that in the postmortem report, the cause of death is shown as asphyxia due to hanging. There is specific assertion in para-10 of the petition that the husband of the deceased, Hakim Miyan is in custody since Patna High Court CR. MISC. No.24780 of 2026(2) dt.30-04-2026 3/3 17.02.2026, who is primarily responsible for welfare of his wife and the present case is one under Section 103 B.N.S. and not under Section 80 of the B.N.S. as the death has occurred after 10 years of marriage, hence presumption clause is not attracted. 9. Learned APP for the State opposed the prayer for bail. 10 . Taking into consideration the facts and circumstances of the case and also considering the fact that the allegations against petitioner nos.1 and 7 to 10 are general and omnibus in nature, let the above named petitioner nos.1 and 7 to 10, be released on bail, in the event of their 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) 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 Manpur P.S. Case No.95 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Trivedi/- (Soni Shrivastava, J) U T