Patna High Court
Jeenat khatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The anticipatory bail application was denied.
Summary
The petitioner, Jeenat Khatoon, was named in an FIR for multiple offences including assault and homicide arising from a criminal trespass at the informant's house, where the informant's grandmother later died. The petitioner argued that the FIR was lodged 16 days after the incident, casting doubt on the causal link between the assault and the death, and highlighted the absence of a definitive post‑mortem report. The State contended that specific allegations of fatal assault existed and that a prior process under Section 84 of the Bihar Penal Code had already been executed against the petitioner. The court examined the delay in filing the FIR, the lack of conclusive medical evidence, and the effect of the earlier Section 84 process. Concluding that the allegations of causing a fatal assault were specific and that the Section 84 process had been exhausted, the court rejected the petitioner's anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted despite the delay in filing the FIR and lack of conclusive post‑mortem evidence.
- Whether the prior execution of process under Section 84 of the Bihar Penal Code bars the grant of anticipatory bail.
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 84
Subjects
- anticipatory bail
- FIR delay
- post‑mortem report
- Section 84
- criminal trespass
- assault
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10760 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Jeenat khatoon W/O Ekbal Shekh @ Ikabal Hussain R/O Village- Mahmadi,
P.S- Patahi, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Patahi P.S. Case No. 35
of 2025 registered for the offences punishable under Sections
126(2), 115(2), 118(1), 303(2), 109, 329(3), 352, 351(2) and
3(5) of the BNS.
3. As per FIR, petitioner alleged to assault grandmother
of informant and also her grandfather and younger sister after
criminal tresspass to her house, where during treatment
grandmother of informant died due to received injuries alleged to
be caused by petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that FIR in issue was lodged after 16 days
of the alleged occurrence suggesting that death of grandmother of
informant is remotely connected with the occurrence in issue. It is
Patna High Court CR. MISC. No.10760 of 2026(2) dt.23-02-2026
2/2
submitted that petitioner is a lady of clean antecedent. However,
fairly conceded that process under Section 84 of the BNSS already
executed against petitioner. It is further submitted by learned
counsel that cause of death could not ascertained by the doctor
while conducting post-mortem upon deceased and, therefore,
viscera has been preserved and, as such in want of viscera report it
cannot be said with certainty that grandmother of informant died
due to injury as alleged to be caused by petitioner.
5. Learned APP while opposing the prayer of bail
submitted that specific allegation to cause fatal assault is available
against petitioner that too after criminal trespass to the house of
the informant and moreover, process under Section 84 of the
BNSS already appears executed against petitioner.
6. In view of aforesaid factual submission and by taking
note of fact as specific allegation qua causing fatal assault is
available against petitioner against whom process under Section
84 of the BNSS already appears executed, accordingly prayer of
anticipatory bail of petitioner stands rejected.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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