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2026 DAILYLAW 28909 (PAT)

Nasima Khatoon v. The State of Bihar

CR. MISC./57648/2026 · 2026-08-19

Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57648 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- GARHI District- Jamui ====================================================== 1. Nasima Khatoon Wife of Babar Miyan @ Md. Babar Ansari Resident of Village- Jhitti, Baribag, P.S.- Garhi, District- Jamui 2. Nuresha Khatoon @ Quresa Khatoon Wife of Md. Humayu Alam @ Alamgir Resident of Village- Jhilli, Baribag, P.S.- Garhi, District- Jamui 3. Ashiq Ansari Son of Md. Babar Ansari @ Babar Miyan Resident of Village- Jhilli, Baribag, P.S.- Garhi, District- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 190, 191(2), 191(3), 126(2), 117(2), 118(2), 109(1), 115(2) of the BNS, 2023. 3. As per the prosecution case, all the accused persons including the petitioners are said to have assaulted the informant’s son and others by means of sword, knives, spears etc., due to which they got injured. 4. Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.57648 of 2026(2) dt.19-08-2026 2/3 First Information Report itself indicates that as many as 10 persons have been made accused in the FIR and dispute and acts of assault took place on account of measurement being done on the land. However, the specific allegation has been made on co- accused Babar Miyan, Humayun Miyan and Tausif of having assaulted by means of sword on the son of the informant, who received serious injury. It is further submitted that petitioner nos. 1 and 2 are both ladies and have been falsely implicated and there is no specific allegation of assault against any of the petitioners. 5. Learned APP for the State has opposed the application for anticipatory bail on the ground that petitioners have one criminal antecedent. 6. In response, it is submitted that the petitioners are on bail in the said case. 7. Taking into consideration the facts and circumstances and also considering the general and omnibus nature of allegation coupled with the fact that the specific allegation of assault upon the person who has received grievous injury, is upon other co-accused, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, Patna High Court CR. MISC. No.57648 of 2026(2) dt.19-08-2026 3/3 be enlarged on bail 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 court below where the case is pending/successor court in connection with Garhi P.S. Case No. 79 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., with further conditions that: (I) One of the bailors will be a family member/close relative. (II) The petitioners shall co-operate in the investigation/trial. priyanka/- (Soni Shrivastava, J) U T