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2026 DAILYLAW 35430 (PAT)

Md. Shah Alam Chisti @ Md. Shah Alam Chisty @ Shah Alam Chisty v. The State of Bihar

CR. MISC./31547/2025 · 2026-01-20

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31547 of 2025 Arising Out of PS. Case No.-778 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1. Md. Shah Alam Chisti @ Md. Shah Alam Chisty @ Shah Alam Chisty son of Late Md. Suleman Ansari Resident of Mohalla -Neel Kothi, Ward No 27 PS -Dehri (T), District -Rohtas 2. yasmin Chisti @ Yasmin Chisty Wife of Md. Shah Alam Chisti Resident of Mohalla -Neel Kothi, Ward No 27 PS -Dehri (T), District -Rohtas 3. Asama Chishti wife of Md. Aftab Alam Chisti Village- Bisheni Kala,Ps- Nasriganj, Dist- Rohtas 4. Abdul Quddus @ Quddus Alam Son of Late Suleman Ansari Village- Dandila Khurd Rehla, Ps- Rehla Dist- palamu (Jharkhand), At P/A- Residing at Sukha Rauja, Ps- Sasaram, Dist- Sasaram ... ... Petitioner/s Versus 1. The State of Bihar 2. Shamreen Haider Daughter of Late Md. Haider Ali village- Jikki shaheed, Mewari Tola, Ward no. 29, ps- Sasaram town, Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prasoon Shekhar, Adv : Mr. Sumit Kumar, Adv : Mr. Hari Om, Adv : Mr. Avinash Kr. Singh, Adv For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 6 20-01-2026 Heard the parties. 2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Sasaram Town Model P.S. Case No. 778 of 2024 registered for the offences punishable under Sections 82(1), 85 and 3(5) of the BNS. 3. The allegation against the petitioners is to commit cruelty upon informant/O.P. No. 2 along with other co-accused persons. Patna High Court CR. MISC. No.31547 of 2025(6) dt.20-01-2026 2/3 4. It is submitted by learned counsel appearing on behalf of the petitioners that all four petitioners are relatives of the husband of informant namely Naiyar Alam Chisty son of Sulemain Ansari. It is submitted that from the written information it can be gathered easily that thrust of allegation is available against husband as he solemnized second marriage subsisting marriage with informant as per his personal law. It is submitted that allegation against this petitioner is very much general and omnibus in nature only to keep the jewelleries of the informant, which is just to aggravate and implicate entire family members due to oblique motive, getting its strength as FIR categorically stated that she was living with her husband in Delhi and when she was tortured by co-accused, she joined her parental home as such, there was no occasion to live with petitioner. 5. Learned APP opposes the prayer of bail. 6. Despite valid service of notice, none appeared on behalf of informant. 7. In view of aforesaid factual submission and by taking note of fact as allegation qua mental cruelty appears very much general and omnibus against petitioner, who are in-laws accordingly all above named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, Patna High Court CR. MISC. No.31547 of 2025(6) dt.20-01-2026 3/3 are directed to be released on bail, 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 C.J.M., Rohtas at Sasaram/concerned Court, where the case is pending in connection with Sasaram Town Model P.S. Case No. 778 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS. S.Tripathi/- (Chandra Shekhar Jha, J.) U T