Patna High Court
CR. MISC./57165/2026 of Kaniz Fatma @ Rahat @ Kaniz Abdul Bari Shaikh Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57165 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- BAHADURPUR District- Darbhanga ====================================================== Kaniz Fatma @ Rahat @ Kaniz Abdul Bari Shaikh W/o Md. Shahabuddin R/o Vill- Musapur, (Gani
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57165 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- BAHADURPUR District- Darbhanga ======================================================
Kaniz Fatma @ Rahat @ Kaniz Abdul Bari Shaikh W/o Md. Shahabuddin R/o Vill- Musapur, (Gani Tarauni), P.S.- Bahadurpur, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Kedar Jha, Advocate
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 352, 351(2), 3(5) and 109 of the B.N.S.
3. The allegation in the F.I.R. is that the petitioner along with other assaulted the informant due to which he sustained injuries.
4. Learned counsel for the petitioner submits at the outset that the occurrence is said to have taken place on 31.01.2026, for which the fardbeyan was recorded on 02.02.2026, whereas the formal FIR was registered on 09.02.2026, i.e. after nine days of the occurrence for which no explanation is forthcoming. It is further submitted that the Patna High Court CR. MISC. No.57165 of 2026(2) dt.19-08-2026
petitioner happens to be the wife of the informant and there was an earlier litigation between them inasmuch as the petitioner had filed a 498(A) case against him and only to counter the same and to create his defence the informant has filed the present case against his own wife. No offence under Section 109 of the B.N.S. could be made out in the facts of the case and further, the injuries are in the nature of laceration, which appeared to be simple in nature.
5. Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.
6. Taking into consideration the facts and circumstances of the case and also considering the delay in the FIR, coupled with the fact that the petitioner and the informant are wife and husband, let the above named petitioner, who is a lady and undertakes to cooperate in the investigation, be released on bail, in the event of his 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) 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 Bahadurpur P.S. Case No. 27 of 2026, Patna High Court CR. MISC. No.57165 of 2026(2) dt.19-08-2026
subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
ayush/- (Soni Shrivastava, J) U T