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2026 DAILYLAW 11739 (PAT)

Nasima Khatoon v. The State of Bihar

CR. MISC./14882/2026 · 2026-04-03

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14882 of 2026 Arising Out of PS. Case No.-300 Year-2025 Thana- AMDABAD District- Katihar ====================================================== 1. Nasima Khatoon W/o Sheikh Chhotu R/o Pacchim Tola, PS- Amdabad, Distt- Katihar 2. Sheikh Mitthu 2 Md. Mithun S/o Sheikh Chhotu R/o Pacchim Tola, PS- Amdabad, Distt- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 03-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 02. In the present case, the petitioners are apprehending their arrest in connection with Amdabad P.S. Case No.300 of 2025 registered for the alleged offences under Section 126(2), 115(2), 118(1), 109, 352, 351(2), 351(3), 324(4), 117(2), 3(5) of the BNS 03. As per prosecution case, petitioners and other coaccused persons damaged the boundary of the informant in the background of land dispute and assaulted the informant and his family members. The allegation against the petitioner Sheikh Mitthu is that he gave hasua blow on the head of the wife of the informant causing a cut injury whereas coaccused gave an iron rod blow to the son of the informant on his forehead and they also Patna High Court CR. MISC. No.14882 of 2026(2) dt.03-04-2026 2/3 assaulted the informant on his shoulder causing its fracture. 04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The informant and the coaccused Sheikh Chhotu are brothers and petitioner no. 1 is the wife of the coaccused whereas petitioner no. 2 is his son. Though there is allegation against petitioner no. 2 of causing a hasua injury on the head of the wife of the informant but her injury report shows a lacerated wound on the occipital region of the head of size 6x4x2 cm which shows the allegation is false of causing injury by a sharp cutting weapon. Moreover, the injury report on all three injured shows simple injury. There was no intention to cause death of any person. The matter has been compromised between the parties and a compromise petition has been filed before the court of learned JM, Katihar. Learned counsel further submits that the petitioners are having clean antecedent. 05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners. 06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the absence of injury attributed to the petitioner no. 2 and also considering the non-serious nature of allegation against the petitioners and the relationship of the parties, let the petitioners Patna High Court CR. MISC. No.14882 of 2026(2) dt.03-04-2026 3/3 above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Court of learned CJM, Katihar in connection with Amdabad P.S. Case No.300 of 2025, subject to the condition laid down under Section 482(2) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. Anuradha/- (Arun Kumar Jha, J) U T