Mamina Khatoon Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Mamina Khatoon Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest relief: all three petitioners directed to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned J.M.F.C., East Champaran, Motihari, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the accused/petitioners, named in the FIR in Sangrampur P.S. Case No.44 of 2026 registered under provisions of the Bharatiya Nyaya Sanhita, 2023 and apprehending arrest, are entitled to be released on bail in the event of their arrest or surrender before the trial court.

Court's answer

All three above-named petitioners, in the event of their arrest or surrender before the court below within four weeks, were directed to be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned J.M.F.C., East Champaran, Motihari, in connection with Sangrampur P.S. Case No.44 of 2026, subject to the conditions under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

Ratio / Principle

The bail direction rested on the court taking note of the fact that the FIR was lodged on the basis of a complaint filed in February, 2026 for an occurrence which took place in December, 2024, and that the injury report was obtained from a private doctor.

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court (Chandra Shekhar Jha, J.) granted pre-arrest bail to three petitioners named in the FIR in Sangrampur P.S. Case No.44 of 2026, registered under Sections 126(2), 115(2), 118(1), 109, 308(5), 308(4), 61(2), 303(2), 352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR was based on Complaint Case No.2986 of 2024, filed on 06.02.2026, alleging assault with iron rod and knife causing head and bodily injuries out of previous enmity. The Court noted that the complaint, though shown as of year 2024, was actually filed in February, 2026 for an occurrence of December, 2024, and that the injury report was obtained from a private doctor; the learned APP, while opposing, could not dispute the delay. Petitioners were to be released on arrest or surrender within four weeks on a bail bond of Rs.10,000/- each with two like sureties to the satisfaction of the J.M.F.C., East Champaran, Motihari, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40779 of 2026

Arising Out of PS. Case No.-44 Year-2026 Thana- SANGRAMPUR District- East Champaran

======================================================

Mamina Khatoon, D/o Sheikh Jokhu

Saleya Khatoon, W/o Shiekh Jokhu

Shiekh Jokhu, S/o Shiekh Shahbaz All are R/o Village- Jalaha, P.S.- Sangrampur, District- East Champaran

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 24-06-2026

Heard learned counsel for the petitioners and

learned Additional Public Prosecutor for the State.

The accused/petitioners are named in the FIR

and apprehending their arrest in connection with Sangrampur P.S. Case No.44 of 2026 registered under Sections 126(2), 115(2), 118(1), 109, 308(5), 308(4), 61(2), 303(2), 352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).

As per FIR, which is based upon Complaint Case No.2986 of 2024 filed on 06.02.2026, wherein the petitioners were alleged to assault the complainant/informant

Patna High Court CR. MISC. No.40779 of 2026(2) dt.24-06-2026 2/3

by using iron rod and knife causing head and bodily injuries, where occurrence alleged to be arising out of previous enmity.

It is submitted by learned counsel appearing for petitioners that earlier a criminal case i.e. Sangrampur P.S. Case No.358 of 2024 was lodged by petitioners’ side against the informant and others and to counter the same, the present case was lodged as an afterthought after about two years. It is submitted that showing the occurrence of year 2024, the present false complaint was filed on 07.02.2026 only on the basis of which, the present FIR was lodged on 08.02.2026. It is submitted that the injury report submitted by a private doctor as to aggravate the allegation, where the injury is alleged to be caused by sharp object, where one of the injuries i.e. head injury, opined as grievous. It is submitted that all petitioners are of clean antecedent.

Learned APP while opposing the prayer of bail could not disputed the aforesaid delay and the complaint which was shown of year 2024, in actual was filed in 2026.

In view of aforesaid factual submissions and by

Patna High Court CR. MISC. No.40779 of 2026(2) dt.24-06-2026 3/3

taking note of fact as the FIR in issue was lodged on the basis of complaint, which was filed in February, 2026 for the occurrence, which took place in December, 2024, where injury report was obtained from a private doctor, accordingly, all above-named three petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, are directed to be released 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 J.M.F.C., East Champaran, Motihari in connection with Sangrampur P.S. Case No.44 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Sanjeet/-

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